Supreme Court rejects Dershowitz appeal in CNN case

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1–2 minutes

Summary

The Supreme Court let stand lower court rulings rejecting Alan Dershowitz’s defamation lawsuit against CNN.

Why this matters

The decision leaves intact the high legal bar public figures face in defamation cases under New York Times v. Sullivan. It also shows the court continues to pass on opportunities to revisit that precedent.

The U.S. Supreme Court on Monday declined to hear Alan Dershowitz’s bid to revive his defamation lawsuit against CNN over its coverage of remarks he made while defending Donald Trump during the president’s first Senate impeachment trial in 2020.

The justices let stand a lower court ruling dismissing the case against CNN, which is owned by Warner Bros. Discovery. In his appeal, the retired Harvard Law School professor had asked the court to reconsider defamation protections for news organizations established in the 1964 New York Times v. Sullivan decision.

Under Sullivan and later rulings, public figures must prove “actual malice” to win libel cases, meaning a statement was made with knowledge that it was false or with reckless disregard for whether it was false.

Dershowitz argued in his petition that Sullivan has become “an impregnable fortress that protects media irresponsibility while denying public figures any remedy for egregious misrepresentations.”

Dershowitz was part of Trump’s defense team during the 2020 Senate trial, after the House of Representatives impeached Trump on charges of abuse of power and obstruction of Congress. The case centered on Trump’s efforts to pressure Ukraine to announce an investigation of Democratic rival Joe Biden, who later defeated Trump in the 2020 election. The Senate acquitted Trump in that trial and again in a second impeachment trial in 2021.

Dershowitz sued over CNN’s coverage of his Senate presentation on presidential power. CNN reported that he said, “if a president does something which he believes will help him get elected in the public interest, that cannot be the kind of quid pro quo that results in an impeachment.”

In his lawsuit, Dershowitz said CNN repeatedly aired that excerpt and omitted the full context to make it appear he was “a constitutional scholar and intellectual who had lost his mind.” CNN said it aired his full remarks and interviewed him twice on air after he objected to the coverage.

A federal judge in Fort Lauderdale, Florida, ruled for CNN in 2023. The Atlanta-based 11th U.S. Circuit Court of Appeals affirmed that decision in 2025, finding that Dershowitz had shown no evidence that CNN’s reporters or commentators acted with actual malice.

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