How To Prove A Florida Opinion – Pure Defense

 

 

In Florida, a defense of Opinion – Pure is defined as:

A Pure Opinion defense in a defamation case asserts that the statement at issue was an expression of the speaker’s opinion rather than a statement of fact.

It simply means:

When a person expresses their personal belief about something.

There are 3 elements of the defense:

• Element 1. The defendant made a statement that was a clear expression of opinion rather than verifiable fact. The defendant shared a personal belief or viewpoint that couldn’t be proven true or false, showing that their statement was an opinion rather than a factual claim, which is a key part of the legal defense for expressing opinions.
  

  Facts that might support this element look like:

  * The defendant stated that the restaurant’s food was “the best in town,” which reflects a subjective personal preference rather than an objective fact.
  * The defendant described the movie as “absolutely terrible,” indicating a personal judgment rather than a verifiable critique based on measurable criteria.
  * The defendant claimed that the new policy was “a disaster waiting to happen,” expressing a personal belief rather than a statement that can be proven true or false.
  * The defendant remarked that the book was “a masterpiece,” which is inherently subjective and cannot be objectively verified.
  * The defendant asserted that the product was “the worst investment ever,” showcasing a personal opinion rather than a factual statement supported by evidence.

• Element 2. The statement was based on the defendant’s subjective viewpoint and personal interpretation or belief. The statement reflects the defendant’s personal feelings and understanding of the situation, meaning their defense relies on how they viewed things rather than objective facts.
  

  Facts that might support this element look like:

  * The defendant expressed their belief that the product was ineffective based on their personal experience, rather than objective evidence.
  * The statement made by the defendant reflected their individual interpretation of the situation, influenced by their unique perspective.
  * The defendant openly acknowledged that their comments were based on personal feelings rather than factual data or research.
  * The defendant’s remarks were framed as personal opinions, indicating a subjective viewpoint rather than an assertion of fact.
  * The context of the statement revealed that the defendant was sharing their personal belief, not claiming to present an objective truth.

• Element 3. The statement does not imply the existence of undisclosed facts that, if true, would render the opinion as a statement of fact. This statement means that the opinion given stands on its own without suggesting there are hidden facts that could change it into a factual claim; in other words, it’s purely an opinion without any secret information that could alter its meaning.
  

  Facts that might support this element look like:

  * The statement was clearly presented as a subjective opinion, using phrases such as “I believe” and “in my view.”
  * The context of the statement was a personal conversation, indicating it was not intended as a factual assertion.
  * The speaker provided reasoning for their opinion, demonstrating that it was based on personal experience rather than undisclosed facts.
  * No specific data or undisclosed information was referenced that could alter the interpretation of the opinion.
  * The audience understood the statement as an opinion, as evidenced by their responses and lack of challenge to its factual accuracy.

^{(See Zambrano v. Devanesan, 484 So. 2d 603 – Fla: Dist. Court of Appeals, 4th Dist. 1986. Cable News Network, Inc. v. Black, 308 So. 3d 997 – Fla: Dist. Court of Appeals, 4th Dist. 2020.)}
If you’re representing yourself in court and plan to assert a Defense of Opinion – Pure, it’s essential to have a strong strategy in place. A Personal Practice of Law at Courtroom5 will guide you through each phase of your case, helping you decide what to file and prepare legal documents. You’ll need to back your arguments with thorough legal research and a solid analysis of the facts to effectively present your Defense.

Prove Your FL Opinion – Pure Defense

U.S. Civil Cases Only