1250 Broadway, 27th Floor New York, NY 10001


James C. Russell, a former Republican Congressional candidate, sued several journalists, news organizations, and fellow politicians (including incumbent Representative Nita Lowey), for "defamation," after they publicly commented on a "racist" essay Russell had allegedly authored.

Since the statements were "opinions," and thus weren't actionable, the Westchester County Supreme Court tossed the case out.

And because a "reasonable reader," or listener, would have concluded the remarks weren't "statement of facts," the Appellate Division, Second Department, agreed that Russell's suit couldn't be predicated on those writings or utterances.

Of course, that was just their opinion.

To view a copy of the Appellate Division's decision, please use this link: Russell v. Davies