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

Who does what
RoleWhat they do
AssistanceDo not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
  2. Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
  3. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
  4. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  5. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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