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Extracted Text (OCR)
Case 18-2868, Document 276, 08/09/2019, 2628224, Page27 of 77
The Immuno AG Court of Appeals held that Article I, Section 8, of the New York
Constitution required a multidimensional approach to the determination whether an allegedly
defamatory statement constitutes constitutionally protected opinion. The court gave numerous
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reasons. New York’s “expansive” constitutional guarantee of speech was formulated and adopted
before the application of the First Amendment to the states; “[i]t has long been our standard in
defamation actions” to consider factors beyond whether facts are “‘verifiable”; and the court was
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concerned that if “type of speech’ is to be construed narrowly[,] . . . insufficient protection may
be accorded to central values protected by the law of this State.” /d. at 1277-78. The Immuno AG
court reaffirmed that where a defendant alleges that the subject statement is opinion, Steinhilber
supplies the analytical framework. /d. at 1280.
Steinhilber held that whether an allegedly defamatory statement is fact or nonactionable
opinion should be decided based on four factors: (1) an assessment of whether the specific
language in issue has a precise meaning which is readily understood or whether it is indefinite
and ambiguous; (2) a determination of whether the statement is capable of being objectively
characterized as true or false; (3) an examination of the full context of the communication in
which the statement appears; and (4) a consideration of the broader social context or setting
surrounding the communication including the existence of any applicable customs or
conventions which might signal to readers or listeners that what is being read or heard is likely to
be opinion, not fact. 501 N.E.2d at 554.
Application of these factors to the January 2015 statement compels the conclusion that
the allegedly defamatory words, phrases and clauses are nonactionable opinion.
Whether the specific language in issue has a precise meaning which is readily
understood or whether it is indefinite and ambiguous. The three sentences plaintiff alleges are
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Extracted Information
Dates
Document Details
| Filename | DocumentCloud_Epstein_Docs_p00076.png |
| File Size | 293.3 KB |
| OCR Confidence | 94.5% |
| Has Readable Text | Yes |
| Text Length | 2,104 characters |
| Indexed | 2026-02-04 12:22:28.247040 |