National Review Inc. v. Mann

Linked with:

• Competitive Enterprise Institute v. Mann

Issues: (1) Whether the question of whether a statement contains a “provably false” factual connotation is a question of law for the court (as most federal circuit courts hold), or is a question of fact for the jury when the statement is ambiguous (as many state high courts hold); and (2) whether the First Amendment permits defamation liability for expressing a subjective opinion about a matter of scientific or political controversy, such as characterizing a statistical model about climate change as “deceptive” and calling its creation a form of “scientific misconduct."