(A-35-07)
9/22/08
Based on the content, form, and context of the challenged
speech, including the identity of the speaker and the intended
audience, the speech involved here did not touch on matters of
public concern. The false and defamatory statements of
defendants’ employees, impugning the honesty of a business
competitor, fall into the category of commercial speech that is
not entitled to heightened protection. The negligence standard
is the appropriate standard of care.
