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If I say this person does not have a soul is this slander?

Miami, FL |

because it is stated as a fact. but the fact is figurative in the form of a metaphor

Attorney Answers 10

  1. This is an opinion statement. Not defamation.

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  2. No. That's an opinion.

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  3. More information is needed. Is this person the pastor of a church? A Gospel singer? Agree with the others it's probably not actionable, but that won't necessary stop someone from filing a lawsuit.

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  4. Generally, no, but other meanings might be implied, depending on the context of the statement, such as dishonesty, that could make someone want to file a lawsuit. Sometimes defamation can be made through innuendo. That does not mean they would necessarily win, but defending the suit would cost you money. If you suspect someone might file a lawsuit against you, or if someone has, it is wise to speak to an attorney.

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  5. No. The existence of a soul has never been proven. Whether or no a person has one, if assumed to exist is an opinion.

  6. This statement is not actionable defamation for more reasons than the fact that it is opinion. It is also not a provably false statement -- a fundamental pre-requisite to any finding of defamation.

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  7. No it isn't. It's an opinion, and not provable to boot.

  8. No. Opinion; not false; first amendment protection; common law privileges; no damages.

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  9. This would be like a lawsuit because someone insulted your imaginary friend. Defamation is a false statement of FACT. There is no factual basis for anyone having a soul.

    Even if there were, there would be no case here. If a pastor says that someone has no soul, that is an ecclesiastical statement, which you can't sue over. Under the ministerial exception, courts will not entertain disputes where nothing more than church dogma is at issue. What a suit like this would require, theoretically, is for you to prove that you do have a soul, and to have experts argue that issue in court.