Separate a statement of fact from a claim of opinion
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the publication, quote the statement, record whether the file treats it as a statement that can be proved false, and record whether the file describes the defendant as a media defendant and the subject as a matter of public concern. Do not decide that the statement is protected opinion.
- What the lawyer must review
- The lawyer applies Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990). The Court held that the First Amendment does not prohibit the application of Ohio's libel laws to a newspaper column implying that a high school wrestling coach lied under oath in a judicial proceeding. The syllabus states that the First Amendment does not require a separate opinion privilege limiting the application of state defamation laws. It states that, where a media defendant is involved, a statement on matters of public concern must be provable as false before liability can be assessed, citing Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986), so that a statement of opinion with no provably false factual connotation has full constitutional protection. Hepps holds that, where a newspaper publishes speech of public concern about a private figure, the private-figure plaintiff cannot recover damages without also showing that the statements at issue are false. The lawyer decides whether the words contain a statement that is provable as false. The Court did not adopt a list of honest-opinion elements, and it did not say that calling a statement an opinion ends the case.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.