A false fact is an essential element of a defamation cause of action on which a plaintiff's recovery is based. The Constitution does not protect a defendant from the liability from defamation for communicating a false statement of fact. Therefore, to constitute a false statement of fact rather then a constitutionally protected statement of opinion, a Florida court must determine the following:

• Examine the statement in its totality and in the context in which it was uttered or published;
  
  

  Consider all the words used;

  Give weight to cautionary terms used by the publisher of the statement; and

  Consider all of the circumstances surrounding the statement, including the medium by which the statement was published and the audience it was published for.

  Under the substantial truth doctrine a statement does not have to be completely accurate as long as the general idea of the statement is truthful. A statement is false only if it is substantially and materially false, not only if it is technically false. The issue regarding whether a statement is a fact or opinion, is a question of law for the court. Therefore, if the court determines that the statement is opinion, it will not be not actionable as defamation.

  To ensure that your defamation action has the best chance of recovery, you should consult an experienced West Palm Beach defamation lawyer to examine the case and determine whether the statements are truly defamatory. If you believe you have suffered an injury due to a defamatory publication, contact the West Palm Beach defamation lawyers at Sharmin & Sharmin P.A. call 1-800-74-TRIAL