Supreme Court leaves Alan Dershowitz’s CNN defamation loss in place
The justices declined to hear Dershowitz’s $300 million case, while two conservatives urged a fresh look at defamation rules for public figures.
By Hana Yoshida · Markets Reporter
3 min read
The Supreme Court on Monday left in place the dismissal of Alan Dershowitz’s $300 million defamation lawsuit against CNN, according to The Associated Press. The order keeps intact lower-court rulings that found the retired Harvard Law School professor had not met the demanding standard public figures face in libel cases.
The court’s majority gave no explanation for declining the case, AP reported. Justices Neil Gorsuch and Clarence Thomas dissented, saying the court should reconsider the rule set by New York Times Co. v. Sullivan, the 1964 decision that requires public officials and public figures to prove “actual malice” in many defamation suits.
Dispute over impeachment coverage
Dershowitz sued CNN over coverage of comments he made while representing President Donald Trump during Trump’s 2020 impeachment trial, according to AP and court filings described in the report. Dershowitz claimed CNN used only part of his argument and presented him as if he had adopted a position he considered absurd.
AP reported that Dershowitz said the network’s editing distorted his meaning and made him appear as though he had “lost his mind,” according to court documents. CNN argued that other outlets understood the remarks in a similar way and that Dershowitz could not show the network had set out to misstate his position.
The dispute traces to Trump’s impeachment over allegations that he sought political favors from Ukraine in connection with U.S. military aid, AP reported. The Senate acquitted Trump.
During the trial, Dershowitz answered a question by saying that a quid pro quo would be unlawful only if the “quo” was illegal, adding that providing arms to Ukraine was not illegal, according to AP. Dershowitz alleged CNN later focused on another portion of his remarks, in which he said public officials often believe their elections serve the public interest and that a president’s action taken with that belief could not be the kind of quid pro quo that supports impeachment.
Dershowitz said that presentation made it appear he was arguing that a president could escape impeachment for illegal conduct if the president believed reelection served the public interest, according to AP. His lawsuit described that reading as “preposterous and foolish on its face.”
CNN pointed to full airing and follow-up appearances
CNN said it broadcast Dershowitz’s full remarks during live coverage of the impeachment proceedings, AP reported. The network also said it brought Dershowitz on two more times so he could explain his view.
Lower courts dismissed the case after finding Dershowitz had not shown CNN acted with actual malice, according to AP. Under New York Times Co. v. Sullivan, that means a public figure must show a publisher either knew a statement was false or acted with reckless disregard for whether it was true.
Dershowitz asked the Supreme Court to revisit that precedent as part of his appeal, AP reported. Gorsuch and Thomas agreed the issue deserved the court’s attention, but the rest of the court declined to take up the case, ending Dershowitz’s bid to revive the lawsuit.
This story draws on original reporting from Fortune.