What defenses are available to those charged with defamation?

In Minnesota, there are a few different defenses available for those who are charged with defamation. Commonly, those facing defamation charges will argue that the statements made were true or simply opinion. These defenses are known as truth and opinion. Truth is the most powerful defense when it comes to defamation. In Minnesota, if the statements made are determined to be true, then the accused party is not guilty of defamation. This defense is available in order to protect individuals from being sued just because they disagree with someone else. Another defense available is opinion. This defense protects individuals from being sued if their statement is a subjective opinion of the situation, rather than a statement of fact. In Minnesota, opinion is protected under the First Amendment right to free speech. Individuals who are accused of defamation may also use the defense of privilege. This defense is used when statements are made in a protected environment, such as in a courtroom or a legislative hearing. In these settings, statements are usually considered privileged and therefore beyond the scope of defamation. Finally, those who are charged with defamation may also use the defense of fair comment. This defense applies when the statement made is related to a matter of public or legitimate interest. In Minnesota, if the statement is a valid opinion that was made without malice, then the accused is not liable for defamation.

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