Is opinion protected by the first amendment

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Reference no: EM13251640

Two disc jockeys at WPYX-FM radio in Albany, New York, were sued for intentional infliction of emotional distress by Annette Esposito-Hilder, who was identified on the air by the two disc jockeys as the "winner" of the "ugliest bride" contest. The two disc jockeys had sponsered an ugliest bride contest based on wedding pictures in the daily newspaper . Viewers were invited to call in with their guesses as to which bride had been chosen. Generally, the disc jockeys did not reveal last names of the brides. However, in Ms. Esposito-Hilder's case, they broke with past practice and revealed her name. When a suit resulted, the cort held that no defamation was involved in their statement because they were "pure, subjective opinion: The court did hold, however that a suit for intentional infliction of emotional distress could go forward. The court held, "Comedic expression does not receive absolute First Amendment protection"

Question

Is opinion protected by the First Amendment? Does it make any difference that Ms. Esposito-Hidler was employed by a competing radio station in the area at the time she "won" the contest? [Esposito-Hilder v SFX Broadcasting, Inc., 665 N>Y>S 2d 697 (1997).]

Reference no: EM13251640

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