Overview

• An appeals panel affirmed the dismissal of Alan Dershowitz’s lawsuit over CNN’s coverage of his 2020 impeachment trial remarks.
• The court said Dershowitz offered no evidence of actual malice and cited unrefuted testimony that CNN commentators believed their statements were fair and accurate.
• Judges rejected Dershowitz’s reliance on internal emails and calls, finding they did not show a coordinated effort to deceive viewers and instead reflected sincere views.
• Judge Barbara Lagoa concurred while criticizing Sullivan’s constraints, as Judge Charles Wilson concurred in defense of the precedent’s press protections.
• Dershowitz said he will seek U.S. Supreme Court review after losing on appeal, following a 2023 district court ruling that had already sided with CNN.