Whether a statement contains a 'provably false' factual connotation is a question of law for the court, not a question of fact for the jury

QUESTIONS PRESENTED Under Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986), and Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), a plaintiff seeking to impose defamation liability for a statement on a matter of public concern must prove that the statement is false, and thus cannot sue unless the statement contains a “provably false” factual connotation. The questions presented in this case are: 1. Is the question whether a statement contains a “provably false” factual connotation a question of law for the court (as most federal circuit courts hold), or is that a question of fact for the jury when the statement is ambiguous (as many state high courts hold)? 2. Does the First Amendment permit defamation liability for expressing a subjective opinion about a matter of scientific or political controversy, such as characterizing a statistical model about climate change as “deceptive” and calling its creation a form of “scientific misconduct”?