Finkel v. Dauber
Supreme Court of New York
906 N.Y.S.2d 697 (2010)
Relevant factsFree
A small private Facebook group created by teenagers included crude, juvenile posts by several officers about a person referred to as the "11th cent," including claims of contracting AIDS from sex with a horse, a baboon, and a prostitute fireman, and morphing into a devil. Denise Finkel (plaintiff), believing she was the target, sued the posters (defendants) for defamation, and both sides moved for summary judgment.
IssueFree
Whether a defamation plaintiff must prove that the challenged statement was a statement of fact, as opposed to rhetorical hyperbole or opinion.