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1Imagine you’re on national television, explaining your opinion about something important. Then a news channel covers what you said, but you feel they left out the most important part. You feel like they made you look bad on purpose. That’s essentially what happened here.
Here’s the story in plain terms:
Let’s rewind to early 2020.
Even with that, Dershowitz believed CNN had deliberately left out a crucial part of what he said and had run what he called "a deliberate scheme to defraud its own audience." So he took them to court.
Before reaching the Supreme Court, the case went through the regular court system:
The courts found that Dershowitz could not prove something called "actual malice."
This is a super important concept, so let’s break it down.
Important: "Actual malice" does NOT mean CNN hated Alan Dershowitz. That’s the everyday meaning of the word "malice." In a legal sense, "actual malice" means one of two things:
- The media outlet knew what they were saying was false, or
- They had serious doubts about whether it was true but said it anyway.
This standard comes from a supremely important Supreme Court case from 1964 called New York Times v. Sullivan. That case decided that public figures (like politicians, celebrities, and well-known lawyers) have a very high bar to clear when they want to win a defamation case against the media.
To win a defamation case, a public figure must prove that the media knew the information was fake or seriously doubted it and said it anyway. That same high bar still applies in this case.
The courts said CNN offered "unrefuted evidence" that their commentators genuinely believed their coverage of Dershowitz was fair and accurate. Meanwhile, Dershowitz provided no evidence that anyone at CNN acted with actual malice.
Here’s where things get really interesting from a legal perspective.
Dershowitz’s appeal to the Supreme Court wasn’t just about his fight with CNN. It was an invitation for the Supreme Court to revisit the New York Times v. Sullivan ruling — the 1964 decision that created the "actual malice" standard.
Dershowitz argued that:
"In the six decades since New York Times v. Sullivan was decided, its protections have left the media nearly untouchable. The precedent has morphed into an impregnable fortress that protects media irresponsibility while denying public figures any remedy for egregious misrepresentations."
In other words, he thinks the law gives the media too much protection and leaves people like him no meaningful way to fight back against bad reporting.
CNN’s lawyers pushed back hard, calling the New York Times v. Sullivan decision a "cornerstone of modern constitutional law" and warning that overturning it would cause lasting damage to free speech.
Even though the Supreme Court as a whole declined the case, not everyone agreed:
Important: However, no other justices on the Court showed any interest in revisiting the Sullivan ruling. So for now, the landmark 1964 precedent stands firm.
Here’s everything wrapped up in a nutshell:
1. What is defamation?
Defamation is when someone says or publishes something false about a person that damages their reputation. Think of it as spreading a harmful lie about someone.
2. What is "actual malice" and why does it matter?
"Actual malice" is a legal standard that means the person making the statement either knew it was false or didn’t care whether it was true. Public figures like Dershowitz must prove this to win a defamation lawsuit. It’s an intentionally high bar designed to protect free speech.
3. What is New York Times v. Sullivan?
It’s a landmark 1964 Supreme Court case that established the "actual malice" standard for defamation lawsuits involving public officials (later extended to all public figures). It’s considered one of the most important free speech rulings in American history.
4. Did CNN actually defame Dershowitz?
The courts concluded no — at least not in the legal sense. They found no evidence that CNN knowingly lied or acted with reckless disregard for the truth.
5. Could the Supreme Court overturn New York Times v. Sullivan in the future?
It’s possible but unlikely in the near term. Only two of the nine justices have shown interest in revisiting the precedent. A majority would need to agree for anything to change.