Fairbanks v. Roller

But the Ollman factors do not point in Ms. Roller's favor as strongly as she suggests. Ms. Roller's argument about the first Ollman factor depends on the mistaken assumption that it is impossible to make a clear statement about an ambiguous gesture.8 A simple illustration shows the flaw in this logic: People wave in greeting and in parting, but the ambiguity of the gesture does not make the sentence "she waved goodbye" ambiguous or indefinite. Ms. Roller's argument about the second Ollman factor relies almost entirely on analogies to statements in other cases about plaintiffs' views or…