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.