What are the limits of speech protected under defamation law?

Defamation law in Colorado protects the right to free speech, but does impose some limits. Generally, speech is not protected under defamation law if it is considered to be false, misleading, and damaging to another’s character and reputation. In Colorado, to make a claim of defamation, the false statement must have been both published and communicated, and harm must have resulted from it. In Colorado, the test for deciding whether or not speech is protected under Colorado’s defamation laws is whether or not a reasonable person would have understood it as a factual statement, and not simply an opinion. If a statement is deemed to be an opinion, then it is usually seen as protected speech under the law, since opinions cannot be proven false. Another factor that affects the limits of speech protected under Colorado’s defamation law is the status of the speaker. If the speaker is a public figure, such as a politician or celebrity, then the statement is less likely to be seen as defamatory, since the speaker is considered to have a higher public profile. Finally, in Colorado, truth is an absolute defense against a claim of defamation. That is, if a statement is proven to be true, then it is not considered to be defamatory. Thus, if you can prove the truth of a statement, then it will remain protected under Colorado’s defamation law.

Related FAQs

What kinds of statements constitute defamation?
Is it possible for a person to retract a statement before filing a defamation lawsuit?
What is the difference between libel and slander in terms of damages?
Is a person required to prove actual malice to win a defamation claim?
Is an opinion protected by defamation law?
Can a person be sued for defamation if the statement was made in an email?
Is a person required to notify the other party before filing a defamation lawsuit?
What is considered a “public harm” that can give rise to a defamation claim?
Are websites protected from liability for content published by its users?
Can an individual be liable for defamation if the statement was made on a website or blog?

What are the limits of speech protected under defamation law?

Related FAQs

Related Blog Posts