Are statements of opinion considered defamatory?

In Texas, statements of opinion are generally not considered defamatory as they are not considered to be false and damaging facts. The basic idea of defamation law in Texas is that false and damaging statements of fact about someone can be considered defamatory if they cause harm to their reputation. Statements of opinion, however, are not seen as false and damaging facts, as they do not necessarily imply that the speaker is in possession of knowledge that can be proven true or false. For example, if someone were to say that someone else was “a terrible person,” this would not be seen as a statement of fact that can be proven true or false. It is an expression of opinion and would therefore not be considered defamatory. Similarly, if someone were to say that someone else is “a kind and generous person,” this would also not be seen as a statement of fact and would therefore not be considered defamatory either. In sum, even though defamation law in Texas is meant to protect people from false and damaging statements of fact, statements of opinion are generally not seen as being defamatory as they cannot be proven true or false.

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