Of course it is an opinion. You don't have to preface an opinion with "I
think". The fact that you presented it in the first person tells us it
is your opinion.

He said they were tough; they had tattoos, that they were a bunch of
nappy headed hos.

People state their opinion as facts all the time.

Chicken tastes like dog crap.

That is an affirmative statement, which isn't being presented as fact to
defame chicken. It is clearly a subjective statement. A reasonable
person would see that as an opinion.

> -----Original Message-----
> From: Mary Jo Sminkey [mailto:[EMAIL PROTECTED]
> Sent: Friday, April 13, 2007 4:47 PM
> To: CF-Community
> Subject: Re: Imus On Nappy Headed Hoes
> 
> 
> I have to disagree there. You can argue that it was humor and thus not
> slander but very hard to claim it was just opinion. Here's the
definition
> of an opinion:
> 
> "A belief or conclusion held with confidence but not substantiated by
> positive knowledge or proof"
> 
> Meaning, you can't state it as fact, but it's your belief in what is
true.
> This isn't opinion, since it's clear he did not truly have any belief
in
> the truth of his statements. The only defense for his statement *is*
that
> it was intended as humor...which in and of itself is not a defense. It
> just makes the burden of proof for a plaintiff even harder, since they
> have to prove that at least some of the audience might not have
construed
> the statement in that way.
> 


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~|
Create robust enterprise, web RIAs.
Upgrade & integrate Adobe Coldfusion MX7 with Flex 2
http://www.adobe.com/products/coldfusion/flex2/?sdid=RVJP

Archive: 
http://www.houseoffusion.com/groups/CF-Community/message.cfm/messageid:232531
Subscription: http://www.houseoffusion.com/groups/CF-Community/subscribe.cfm
Unsubscribe: 
http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.5

Reply via email to