Keohane v. Wilkerson
In Keohane v. Wilkerson, 859 P.2d 291 (Colo. App. 1993), the supreme court established a two-part inquiry to determine whether a statement is protected. The first inquiry is whether the statement is sufficiently factual to be susceptible of being proved true or false.
The second inquiry is whether a reasonable person would conclude that the assertion is one of fact.
The factors relevant to the second inquiry are:
(1) how the assertion is phrased;
(2) the context of the entire statement;
(3) the circumstances surrounding the assertion, including the medium through which the information is disseminated and the audience to whom the statement is directed.