Two disc jockeys at WPYX-FM radio in Albany, New York, were sued for intentional

Question

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 sponsored an ugliest bride contest based okn the 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 bride's. However, in Ms Esposito-Hilder's case, they broke with past practice and revealed her name. When a suit resulted, the court held that no defamation was involved in their statements 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 Amendement protection."
Is opinion protected by the First Amendenment? Does it make and difference that Ms. Esposito-Hilder was employed by a competing radio station in the area at the time she "won" the contest?

Explanation / Answer

Yes, opinion is protected by the first amendment but under condition that it is not a false statement. If it is false, it is not protected. Another case is that if the audience knows that the statements delivered is false because it is loose, figurative, or hyperbolic language. Yes, it will make a difference. In this case, the radio channel can also be held liable because the action of agent that is intended to provide some kind of gain to the corporation, can make a corporation liable for the acts of the agents.           

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