Neumann v. Liles

This case requires us to decide whether a defamatory statement made in an online business review is entitled to protection under the First Amendment. To make that decision, we follow the test developed by the Ninth Circuit in Unelko Corp. v. Rooney, 912 F2d 1049 (9th Cir 1990), cert den, 499 US 961 (1991), to determine whether a reasonable factfinder could conclude that an allegedly defamatory statement touching on a matter of public concern implies an assertion of objective fact and is therefore not constitutionally protected. Applying that test, we conclude that the online review at issue…