From Dershowitz v. CNN, Inc., decided Friday by Eleventh Circuit Judge Britt Grant, joined by Judges Barbara Lagoa and Charles Wilson:
While representing President Donald J. Trump in impeachment proceedings before the Senate, law professor Alan Dershowitz gave a statement about the scope of impeachable offenses. That statement proved controversial, with many reporters and commentators characterizing it as out of bounds. Dershowitz now claims that CNN in particular, along with its on-air personalities, defamed him—intentionally misrepresenting his comments to tarnish his reputation.
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. But here, the available e