Are statements of opinion considered defamatory?

In Virginia, statements of opinion are generally not considered defamatory. Under Virginia’s Defamation Law, a statement must show an assertion of fact as opposed to a statement of opinion. Statements of opinion are protected by the First Amendment right to freedom of speech, while statements of fact can be proven false and considered defamatory. Statements of opinion are viewed as subjective, while statements of fact are viewed as objective. For instance, if someone states that another person is “a terrible teacher,” this statement is a subjective opinion that cannot be objectively proven, so it is unlikely to be considered defamatory. Whereas, if someone states that a teacher “falsified their credentials,” this statement can be proven either true or false and could be considered defamatory. In some cases, a statement of opinion may imply facts and could still be considered defamatory. For example, if someone states that a restaurant “serves terrible food,” this opinion implies that the restaurant’s food is not of good quality and could be proven false. In these cases, the statement may be considered defamatory. In conclusion, statements of opinion are generally not considered defamatory under Virginia’s Defamation Law. However, statements of opinion that imply facts can still be considered defamatory if the facts can be proven false.

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Are statements of opinion considered defamatory?

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