Pam, Alan just scored a massive legal victory against CNN.
The Judge
wrote:
"Thus, Dershowitz argues, CNN presented an official proceeding in a misleading manner and the fair report privilege does not apply.
The Court agrees. CNN presented an abridgment of Dershowitz’ answer to
Senator Cruz’ question. The abridgment is not accurate, to the extent that it omitted a crucial qualification: that an illegal motive for a quid pro quo would be corrupt. As a result, the commentators’ statements – that Dershowitz believes a President can do anything, even commit crimes if it would help his re-election – are not based upon a fair and accurate summary of Dershowitz’ statement to the Senate."
"But because the broadcasts did not present a fair and accurate abridgment of Dershowitz’ remarks, CNN cannot avail itself of the fair report privilege."
"By contrast, the CNN broadcast segments set forth in Dershowitz’ Complaint were focused specifically on Dershowitz’ comments to the Senate and, as presented on air, changed the gist of what Dershowitz said. For the fair report privilege to apply a defendant must have “presented a fair and accurate report of the source documents.” The CNN broadcasts do not meet that standard."
"The Court concludes that the
commentators’ statements set forth in the Complaint were not pure opinion but instead were mixed expressions of opinion that could reasonably be construed as defamatory. A mixed expression of opinion is not constitutionally protected."
"The Court concludes that the Complaint plausibly alleges that the comments made on CNN and CNN.com were defamatory statements of mixed opinion."
"These allegations, for purposes of surviving the Motion to Dismiss, plausibly plead a factual basis from which “actual malice” can be inferred."
"The Court does not accept CNN’s
argument that a public figure defamation plaintiff must identify and plead (before discovery) each responsible decision maker within a news organization"
Are you big mad, Pam, at Alan succeeding?
NY Supreme Court concluded that NYT is fake news, and now, so did Florida district court for CNN
