Proving actual malice in an opinion piece is near impossible.Ken, you need to stop. The issue was decided a long time ago in Bose Corp. v. Consumers Union 466 U.S. 485 (1984) by our Supreme Court. Unless Eric Alexander can prove “actual malice” he will not recover any damages.
And yes, organizations can “hide behind freedom of speech” as a defense. Amir and ASR are limited purpose public figures in the audio world.
f you can persuade a jury that these reviews are less opinion (speaker sounds bad), but rather scientific description (speaker is bad because it measures in this or that manner), then a plaintiff's lawyer has a target.