The answer is somewhere in between, because the facts will always be, in a sense, subjective in the eyes of the beholder. There's no clear answer to that question. Any good lawyer will be able to spin objectivity into subjectivity and vice versa, so I'm not going to do that. I'm going to say that it's a difficult question in each and every case and must be resolved on various facts by the parties who are involved in it.
On February 21st, 2019. See this statement in context.