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Dershowitzv.CNN

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.23-11270
Decided2025-08-29
ReporterNo. 23-11270 (11th Cir. 2025)
JudgesUnited States Court of Appeals for the Eleventh Circuit
Tags
Eleventh CircuitDefamationFirst AmendmentPublic FigureActual MaliceMedia LawSummary Judgment
Case Summary

Alan Dershowitz alleged that CNN defamed him by mischaracterizing remarks he made while defending President Donald Trump during impeachment proceedings. Because Dershowitz was a public figure, he had to produce clear and convincing evidence that the challenged speakers knew their characterizations were false or recklessly disregarded probable falsity. The Eleventh Circuit held that the evidence showed the commentators sincerely believed their interpretations, even if those interpretations were mistaken, exaggerated, or unfair. Disagreement with the meaning of an ambiguous statement and evidence of hostility did not establish actual malice. Summary judgment for CNN was affirmed.

Opinion

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