Group libel- what is fact and what is opinion

[Howard M. Wasserman]

Eugene Volokh writes:

>I would think so.  Claims about moral right, moral
>responsibility, moral guilt, and the like would be quintessential
>opinions, not objectively verifiable statements of fact.

Fred Schauer wrote an article in 1978 discussing the case of Harry Canter, who was convicted of criminal libel for labeling as "murderers" the public officials responsible for the execution of Sacco and Vanzetti. Obviously, such a case comes out very differently post-Sullivan.  The first instinct as to why is that this is rhetorical hyperbole that no reasonable person would understand as fact. Professor Volokh's suggestion raises a different explanation: Canter was making an argument as to officials' moral guilt and thus qualifies as protected opinion.





Howard M. Wasserman
Associate Professor of Law, FIU College of Law
University Park, DB 2065
Miami, Florida  33199
(305) 348-7482
(786) 417-2433
howard.wasserman at fiu.edu
SSRN Author Page: http://papers.ssrn.com/sol3/results.cfm

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