Given a choice between using the fair comment defense or the opinion defense,a libel defendant should use the opinion defense because it is based on the First Amendment.

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The Fair Comment defense is based on the idea that it is legitimate to express an honest opinion about someone or something based on true facts. However, the Opinion defense is even stronger because it is based on the First Amendment protection of free speech, which means that opinions are highly protected speech and cannot be the basis for a successful libel claim. Therefore, if given a choice between the two, a libel defendant should choose the Opinion defense.

Given a Choice Between Using the Fair Comment Defense or the Opinion