Smith v. Cuban American Nat. Foundation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “falsity only exists if the publication is substantially and materially false, not just if it is technically false.”
• concluding the trial court erred in refusing to give a jury instruction on the defense of substantial truth, although plaintiff must prove the defamatory statement is false
• “[F]alsity only exists if the publication is substantially and materially false, not just if it is technically false.”
• “To determine whether a statement is defamatory, it must be considered in the context of the publication.” (collecting cases)
• “A statement is not considered false unless it would have a different effect on the mind of the reader from that which the pleaded truth would have produced.”

Source: CourtListener parenthetical corpus (CC0).