Biospherics, Incorporated v. Forbes, Incorporated Caroline Waxler

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge HAMILTON and Senior Judge WILLIAMS joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this defamation action, the district court dismissed a complaint alleging that a biweekly business magazine published false and defamatory statements about a corporation. Because the challenged statements are constitutionally protected and therefore not actionable, we affirm.

I..This case arises out of a Forbes magazine stock tip story about Biospherics, Inc., a publicly held company with shares traded on NASDAQ.

Forbes regularly…