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11th Circuit Upholds Dismissal of Trump’s Defamation Suit Against CNN

The court said CNN’s use of “Big Lie” was a protected characterization rather than a provably false statement.

Overview

  • The three-judge panel affirmed that Trump failed to adequately allege falsity, a required element for a defamation claim.
  • Judges Kevin Newsom and Elizabeth Branch, both Trump appointees, and Judge Adalberto Jordan issued the unanimous ruling.
  • The opinion found Trump’s 2020 election conduct is open to multiple subjective interpretations, making the label not verifiable as true or false.
  • U.S. District Judge Raag Singhal had previously ruled the “Big Lie” references were opinion, not actionable statements of fact.
  • Trump’s 2022 suit sought $475 million and alleged CNN linked him to Adolf Hitler, and his legal team vowed to keep pursuing the case after the loss.