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1103 REVIEW DENIED Assertions capable of objective truth or falsity are not opinions protected against defamation liability by the First Amendment even though they include subjective adjectives; defamatory statements made with knowledge of their falsity are made with actual malice, which justifies an award of punitive damages.CitationSOMMER v GABOR (Battle of the Stars) 40 CA4 1455 [See: Reich v Purcell 67 C2 551; Fortman v Hemco 211 CA3 241; Gertz v Robert Welch 418 US 223; Puchan v Godeau 167 C 692; CivC 3283; CCP 3294]
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