united-states constitutional-law texas defamation abortion
Is calling abortionist criminals defamation?
<p>According to well-established precedent, Texas' heartbeat bill is not valid law. Is it therefore defamation to claim that those who violate it are &quot;breaking the law&quot;? Also, even if the bill were a valid law, AFAIK it's not a criminal statute. Is it defamation to claim that those who violate it are &quot;committing a crime&quot;?</p>

<blockquote>
<p>Is it therefore defamation to claim that those who violate it are &quot;breaking the law&quot;? AFAIK it's not a criminal statute. Is it defamation to claim that those who violate it are &quot;committing a crime&quot;?</p>
</blockquote>
<p>No. These assertions rather constitute <em>statements of opinion</em> and therefore are not actionable. For it to constitute a possibly actionable <em>statement of fact</em>, it would have to falsely impute to someone a specific, ascertainable act or conduct.</p>
<p>Furthermore, in some contexts the matter at issue is so sensitive that its implications on someone's reputation is independent of whether a bill reaches enactment. Abortion is one such topic. A person's view of an abortionist is very unlikely to be influenced by the ensuing legislation. To people who oppose abortion, abortionists are equally repugnant regardless of whether the act of aborting additionally constitutes a violation of some statute. Conversely, abortion supporters are not going to have a worse impression of an abortionist merely on grounds that abortion becomes outlawed.</p>
