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

Asked about 1 year ago - Miami, FL

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

Attorney answers (10)

  1. Heather Morcroft

    Contributor Level 20

    7

    Lawyers agree

    Answered . This is an opinion statement. Not defamation.

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  2. George Costas Andriotis

    Contributor Level 20

    5

    Lawyers agree

    Answered . No. That's an opinion.

    Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.
  3. James Adrian Cueva

    Contributor Level 13

    4

    Lawyers agree

    Answered . 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.

    The information on this website is provided as a service to the public. While the information on this site deals... more
  4. Cynthia Ariel Conlin

    Contributor Level 13

    4

    Lawyers agree

    Answered . 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.

    To schedule a consultation, call my office at 407-965-5519. I am licensed to practice in Florida only. My answer... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . No, opinion

  6. James P Brady

    Contributor Level 14

    4

    Lawyers agree

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

  7. Christine C McCall

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  8. Clifford M. Miller

    Pro

    Contributor Level 18

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

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  9. Marc John Randazza

    Pro

    Contributor Level 13

    Answered . 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.

  10. Tatiana Kadetskaya

    Contributor Level 19

    1

    Lawyer agrees

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

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