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Accusing Someone of "Support[ing] Neo-Nazi Causes" May Be a Factual Assertion and Therefore Libelous

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Free Speech

Eugene Volokh | 8.28.2025 5:23 PM

From yesterday's decision of the N.Y. intermediate appellate court in Stiloski v. Wingate, by Justices Mark C. Dillon, Paul Wooten, Lourdes M. Ventura, and Donna-Marie E. Golia:

In [his LinkedIn] post, the defendant held himself out to be a "Nonprofit Leader and Consultant." As relevant to this appeal, the defendant referring to an individual, readily identifiable as Stiloski, stated that "[a] Tarrytown extremist who supports neo-Nazi causes and does a ton of business with the Village placed a massive sign on his place showing a graphic middle finger........

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