After hearing arguments from both sides, the judge said the tweet appeared to be political hyperbole and opinion protected by free speech.

Daniels’ lawyer, Michael Avenatti, vigorously disagreed and told the court that he could prove that Trump acted with malice toward his client.

One of Daniels’ other attorneys told the judge Trump’s tweet was “a false statement of fact and we intend to prove that it’s a false statement of fact.”