Supreme Court declines to hear Alan Dershowitz's defamation appeal against CNN

Source: MS NOW

The Supreme Court declined to hear Alan Dershowitz’s defamation appeal against CNN, marking the court’s latest refusal to reconsider the landmark 1964 press freedom ruling in New York Times v. Sullivan.

The court has consistently declined to hear appeals seeking to weaken or overturn the precedent that makes plaintiffs who are public figures meet the demanding “actual malice” standard. Under that standard, plaintiffs must show the defendants’ knowledge of, or reckless disregard for, the falsity of statements they publish.

In line with the court’s typical practice, there was no explanation for Monday’s denial of Dershowitz’s petition. It takes four justices to grant review.....

Dershowitz complained about CNN’s coverage, and the network let him on air to explain his position. He still sued, alleging CNN intentionally omitted key parts of his statement. A Trump-appointed district court judge in Florida ruled against him, and a unanimous three-judge appellate panel (which included two Trump appointees) upheld the judge’s ruling.

“For a public figure like Dershowitz to prevail, defamation law has long required proof of a speaker’s actual malice: knowledge of or reckless disregard for the falsity of a statement,” the U.S. Court of Appeals for the 11th Circuit panel said. “But here,” it said, “the available evidence points to the reporters’ sincere — if mistaken or even overwrought — belief in the truth of their accusations.” The panel said Dershowitz presented “no evidence” to the contrary.

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