From today's opinion of the Delaware Supreme Court in Cousins v. Goodier, written by Justice Gary Traynor:
This appeal presents difficult questions concerning the actionability of speech that is defamatory—that is, injurious to a person's reputation—but that is defended on the ground that it is an expression of opinion and not of fact. We are asked to decide whether the First Amendment bars claims for defamation and tortious interference with contract against a defendant who, in an email to a law firm, described as "shockingly racist" a lawsuit filed by one of the firm's partners in his personal capacity. The suit aimed to preserve a nearby high school's "Indian" mascot.
The partner, who claims to have lost his position with the law firm [Bayard, P.A.] because of the email, sued his detractor, contending that the characterization of his lawsuit is demonstrably false and pleading four causes of action, including defamation and tortious interference with contract…. [We conclude that t]he statements at issue do not on their face contain demonstrably false statements of fact, nor do they imply defamatory and provably false facts. As statements concerning an issue of public concern, moreover, they are entitled to heightened First Amendment protection and cannot form the predicate of the plaintiff's tort claims….
The court concluded that "[defendant] Goodier's email to Bayard was speech that addressed a matter of public concern: the ongoing national debate about the use of American Indian iconography in sports logos," and thus was entitled to the protections of the Court's First Amendment libel jurisprudence, even though it was just sent to plaintiff's employer. It then reasoned that the e-mail was opinion:
