Is an opinion protected by defamation law?

Yes, opinions can be protected under West Virginia’s defamation law. Generally speaking, the law defines defamation as any false statement that causes harm to a person’s reputation. An opinion is a statement of judgment or opinion that is not objectively verifiable and is not based on facts, and is therefore protected from defamation claims. That’s not to say that an opinion can never be subject to a defamation claim. While an opinion is generally protected, an opinion can become actionable if it implies undisclosed facts and is stated in a way that could be interpreted as a false factual statement. For example, a statement like “[Person X] is a thief” would be considered a false factual statement, while “I think [Person X] is a thief” is an opinion and is therefore protected. In West Virginia, defamation cases are heard in state court and the plaintiff must prove that the statement in question was false and caused harm to the plaintiff’s reputation. The state court must also consider if the statement was made in good faith and with reasonable grounds for believing it to be true, as well as decide if the opinion is one that a reasonable person would expect to be held. If these criteria are met, the opinion may be found to be defamatory.

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Is an opinion protected by defamation law?

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