The parents who are suing Jones say his statements were so malicious and obviously false that they fell well outside the bounds of speech protected by the constitutional clause.
ARE ALL DEFAMATION LAWSUITS FIRST AMENDMENT CASES?
Typically, the first question jurors answer at trials is whether the speech qualifies as unprotected defamation. If it does, they address the question of damages. Jones, who had said actors staged the shooting as a pretext to strengthen gun control, later acknowledged it occurred.Defamation must involve someone making a false statement of fact publicly — typically via the media — and purporting that it’s true. An opinion can’t be defamatory. The statement also must have done actual damage to someone’s reputation.
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