New York Law Review

Immuno AG. v. Moor-Jankowski, 77 N.Y.2d 235 (1991): Defining Opinion in Defamation Law After Milkovich

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The New York Law Review

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77 N.Y.2d 235 (1991)

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After Milkovich, statements of opinion on public matters are protected by the First Amendment unless they contain provably false factual connotations; state constitutions can provide broader protection for speech than the federal constitution.

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Summary

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This case involves a libel action against the editor of a scientific journal for publishing a letter critical of Immuno AG’s plan to establish a chimpanzee research facility in Sierra Leone. The New York Court of Appeals, on remand from the U.S. Supreme Court after Milkovich v. Lorain Journal Co., reaffirmed its decision dismissing the complaint. The court held that while Milkovich eliminated a blanket

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