What are the limits of speech protected under defamation law?

In Virginia, defamation law protects speech, but only to a certain extent. To be considered defamation, the speech must be something that falsely communicates an untrue “fact,” that actually harms the reputation of another person. The speech also must be something shared outside of the person who was harmed, for example, through the news, social media, etc. However, there are some instances in which the law does not view certain comments as defamation. These include opinions, hyperbole, vague statements, jokes, and satire. Opinions are considered to be subjective and not factual, so they are protected under the law. Hyperbole refers to exaggerations that are obviously not intended to be taken literally, so these too are protected. Vague statements can be protected if they are not specific enough to be seen as damaging to another. Jokes and satire are also generally seen as entertainment and not intended to be taken as truth. For these reasons, speech that falls into these categories is usually protected under Virginia’s defamation law. In addition, the First Amendment allows for free speech, which also means that certain speech is protected. This includes in-person, written, and other forms of speech. However, if the speech is made with malicious intent, it may not be protected. In other words, it is important to remember that although there are limits to the speech protected under defamation law, it is still important to be careful with what you say and how you say it.

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What are the limits of speech protected under defamation law?

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