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be exposed. Check out the view he has of Empire from his front door,” was that Hadley was a
pedophile or had engaged in sexual acts with children.
Fuboy contends, however, that the comment is susceptible to an innocent construction. He
maintains the appellate court failed to consider the political context in which the statement was
made, as well as the fact that it was made in an effort to seek debate over the candidate. We do
not find this argument persuasive.
The focus of the online newspaper article was about how Hadley, if reelected, intended to
employ fiscal responsibility to the county board’s actions. If Fuboy’s argument had any
validity, he would have made comments about the topic of the article, not a comment about
Hadley’s sexual proclivities. We conclude that a defamatory construction is far more
reasonable than an innocent one. An innocent construction of Fuboy’s comment would be
strained and unreasonable.
Fuboy also maintains that the appellate court erroneously concluded that the comment was
a factual assertion. Fuboy maintains it was simply opinion.
Again, we look to three factors to determine whether a statement is an assertion of fact:
whether the statement has a precise and readily understood meaning; whether the statement is
verifiable; and whether the statement’s literary or social context signals that it has factual
content. Solaia Technology, LLC, 221 Ill. 2d at 581. For the reasons stated above, we find
Fuboy’s comment had a precise and readily understood meaning, i.e., Fuboy intended to
convey the idea that Hadley was a pedophile or had engaged in sexual acts with children. Thus,
the first factor is met. We further find the second factor, verifiability, is met. If Hadley had in
fact molested young boys or children, those individuals could come forward, just as they did in
the Sandusky case. Lastly, with respect to the forum, we note, as the appellate court did, that
while the Internet is susceptible to hyperbole, exaggerations, and rhetoric, it is also a place
where factual content is conveyed. There is nothing in the content or forum of the Freeport
Journal Standard’s website to suggest that Fuboy’s allegation could not reasonably be
interpreted as stating an actual fact. Indeed, Fuboy expressed familiarity with Hadley not only
through the reference to where Hadley lived but also by his comment regarding Hadley’s
alleged suicide attempt and how it was like “It’s a Wonderful Life.” These references would
give readers the reasonable belief that Fuboy had personal knowledge of or familiarity with
Hadley. We find that Fuboy’s comment cannot be viewed as mere hyperbole. Moreover, as the
court stated in Maxon, “unless we are prepared to hold as a matter of law that nothing
published on the Internet is capable of being interpreted as factual, the mere fact that the
allegedly defamatory statement is published on the Internet does not render it hyperbole.”
Maxon, 402 Ill. App. 3d at 716. We agree. Accordingly, we find that Fuboy’s comment can
reasonably be considered an assertion of fact.
We conclude that Hadley’s complaint states facts to establish a cause of action for
defamation sufficient to withstand a section 2-615 motion to dismiss. Accordingly, the circuit
court properly concluded that necessity was established under Rule 224.
CONCLUSION
For the foregoing reasons, we affirm the judgment of the appellate court and remand this
matter to the circuit court for further proceedings consistent with this opinion.
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