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The Ohio Supreme Court affirmed the Court of Appeals, also by a divided vote. The majority of the state supreme court justices felt that the Ohio statute was different from the city ordinance in Talley, finding that section 3599.09(A) "has as its purpose the identification of persons who distribute materials containing false statements". [16]
The legal rule itself – how to apply this exception – is complicated, as it is often dependent on who said the statement and which actor it was directed towards. [6] The analysis is thus different if the government or a public figure is the target of the false statement (where the speech may get more protection) than a private individual who is being attacked over a matter of their private ...
Any statement of opinion without underlying facts is to be treated as a factual assertion per se. If it implies the existence of undisclosed facts which are false and defamatory, it is actionable. False statements of fact couched in an opinion context are actionable unless clearly set aside by "loose, figurative or hyperbolic language." [9]
The Ohio Revised Code (ORC) contains all current statutes of the Ohio General Assembly of a permanent and general nature, consolidated into provisions, titles, chapters and sections. [1] However, the only official publication of the enactments of the General Assembly is the Laws of Ohio; the Ohio Revised Code is only a reference. [2]
Lastly, some implicit statements of fact—those that have a "false factual connotation"—can also fall under this exception. [22] [23] There is also a fifth category of analysis. It is possible that some completely false statements could be entirely free from punishment. The Supreme Court held in the landmark case New York Times v.
Ohio woman accused of eating a cat lives in Canton The Canton woman charged with killing and eating a cat has no known connection to Haiti or any other foreign country.
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These are published in the official Laws of Ohio and are called "session laws". [2] These in turn have been codified in the Ohio Revised Code. [3] The only official publication of the enactments of the General Assembly is the Laws of Ohio; the Ohio Revised Code is only a reference. [4]