Manny,a newspaper reporter who writes a weekly article on the automotive industry,states in one of his columns that BMWs are "overrated." BMW feels that this is injurious to its reputation.If BMW sues Manny and his newspaper,will the car manufacturer be successful in its lawsuit?

Question

Quizplus · Accepted Answer

BMW would not be successful in its lawsuit. The statement made by Manny is an expression of opinion, which is protected under the First Amendment. BMW would need to prove that the statement was false and resulted in actual harm to their reputation in order to have a valid claim for defamation.

Manny,a Newspaper Reporter Who Writes a Weekly Article on the Automotive