[Rockingham]

What Napolitano and other legal critics do not seem to know is that there is good case law that even when superficially stated as mere opinion or meant as an insult, false assertions of fact can be the basis for a defamation suit. That is how Elon Musk got sued for calling a critic a pedophile. Musk won, but only after the embarrassment and risk of a trial.

The suit by the Trump campaign is correctly aimed not against opinion but against a false statement of fact contained in the editorial. The case may ultimately be dropped or lose at trial but it will cause considerable heartburn and expense for the NY Times. Trump, who was a good enough baseball player to have potentially tried for the pros, knows the value of a well-done brushback pitch.

[Parley Baer]

“The suit by the Trump campaign is correctly aimed not against opinion but against a false statement of fact contained in the editorial.”

That is how I see it.