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If I state something as a question...

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breakaway

Member
What is the name of your state? CA

If I state something as a question instead of as a fact, does that get the person off the hook for slander no matter what? Also, if the person starts the sentence with "In my opinion..." does that work the same way?

Examples:
"The knife was found in his jacket. Did he kill him that night? In my opinion, he is the murderer"
 


quincy

Senior Member
If you imply a knowledge of something, or imply fact, or if what you say assumes fact, then your question or "opinion" can be considered slanderous.

By saying, "Did he kill him THAT night?" you are implying that he killed someone at some point in time, and that would be slanderous. Your only defense, in the event he sued you for slander, would be if he really did kill someone.

"In my opinion" does not necessarily negate a defamatory statement. Opinion generally must be looked at in context. Generally, if a statement cannot be proved false, then it can be considered opinion. However, the statement, "In my opinion, he is a murderer," may be considered slanderous if he is your best friend - because in context, people would assume you have an insight into him that they don't. "In my opinion" will not save you from a defamation suit - although, once again, truth would.

It is sometimes tough deciding what is fact and what is opinion.
 
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