Dershowitz rejected by Supreme Court on CNN defamation suit
Controversial lawyer Alan Dershowitz lost a U.S. Supreme Court bid to revive a defamation suit accusing CNN of mischaracterizing remarks he made when he defended President Donald Trump during his first impeachment trial.
Rejecting an appeal by Dershowitz, the justices left intact a federal appeals court decision tossing out the lawsuit. The clash stemmed from comments Dershowitz made on the Senate floor in 2020, when Trump was being accused of trying to coerce Ukraine into announcing a new investigation of Joe Biden.
Had it been successful, Dershowitz’s appeal could have undercut the landmark 1964 New York Times v. Sullivan ruling, which requires public officials to show “actual malice” to sue a news organization or other speaker for libel. The court later extended that reasoning to cover non-elected public figures.
Justices Clarence Thomas and Neil Gorsuch said they would have heard the case, reiterating their call for the court to re-examine the Times v. Sullivan ruling.
Dershowitz, a Harvard Law School professor who also represented Jeffrey Epstein and O.J. Simpson, drew wide media criticism for arguing that a president can’t be impeached for conduct driven by a desire to get reelected.
Several CNN commentators blasted the statement as seeking to immunize presidents. Dershowitz said the criticism ignored his qualification that presidents could be impeached for bribery and other conduct motivated by “personal pecuniary interest.”
CNN said its interpretation was similar to that of other major news outlets. The network also told the Supreme Court that it had Dershowitz on air twice in the following days to elaborate on his comments.
In rejecting the lawsuit, the 11th U.S. Circuit Court of Appeals said Dershowitz failed to meet the “actual malice” standard. “The available evidence points to the reporters’ sincere—if mistaken or even overwrought—belief in the truth of their accusations,” the three-judge panel said.
Dershowitz in his appeal urged the Supreme Court to jettison the “actual malice” test, at least with regard to private citizens who are public figures.
CNN, a unit of Warner Bros. Discovery Inc., urged the Supreme Court not to hear the appeal. Paramount Skydance Corp. is planning to acquire Warner Bros. in a purchase that could give the network a more conservative tilt.
The case is Dershowitz v. Cable News Network, 25-770.
Write a letter to the editor, share a story tip or update, or report an error.
