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Case 18-2868, Document 287, 08/09/2019, 2628251, Page69 of 76 Maxwell acknowledges that the Court properly applied Davis at the motion to dismiss stage, but argues that the third factor, especially, benefits from the evidence presented in the motion for summary judgment. See Def.’s Br. at 32. In other words, Maxwell argues that “the Court did not have the ‘full context’” of the Press Release or the “broader social context and surrounding circumstances of the statement.” Id. At the motion to dismiss stage, the text of the Press Release had not yet been produced, nor had there been production of emails or deposition testimony regarding the Press Release. The developed record necessitates the same conclusion as at the motion to dismiss stage. The context and surrounding circumstances remain the same. The publication was intended by Maxwell to reach the average reader, not simply the reporters, Barden’s intent, a factual issue in contest, notwithstanding. The issue of truth or falsity is a factual determination, not a matter of opinion. See Giuffre, 165 F. Supp. 3d at 152 (“[S]tatements that Giuffre’s claims ‘against [Maxwell] are untrue,’ have been ‘shown to be untrue,’ and are ‘obvious lies’ have a specific and readily understood factual meaning.”). 69