Harvard Law professor emeritus Alan Dershowitz has expressed skepticism regarding the success of President Donald Trump's defamation lawsuits against prominent media organizations, citing the stringent legal standards in the United States.
During an appearance on Newsmax's "The Record with Greta Van Susteren," Dershowitz highlighted the formidable challenge Trump faces in proving his case under the current legal framework.
According to the Daily Caller, President Trump initiated a $15 billion lawsuit against The New York Times, accusing the publication of intentionally disseminating "falsehoods" to undermine his 2024 presidential campaign and tarnish his reputation. Dershowitz explained that for Trump to prevail, he must demonstrate not only that the statements in question were factually incorrect but also that they were made with "actual malice."
He elaborated, "In the United States, he would have to prove not only that there were factual misstatements, not opinion, but factual misstatements, but that they were made with malice, that is, they were made with reckless disregard for the truth."
Dershowitz, while acknowledging the difficulty of this legal standard, suggested that a shift in the Supreme Court's approach might be necessary for any significant change. He remarked, "So its going to be a very, very uphill fight in the United States, unless the Supreme Court begins to change its rules.
Now, there are lawyers, including me, who are arguing that perhaps the malice restriction is too great, and judges shouldnt be making decisions about malice. It should be left to the jury."
The lawsuit against The New York Times specifically points to the paper's endorsement of former Vice President Kamala Harris in September 2024, alleging that the editorial board portrayed Trump as a danger to American institutions. Additionally, two articles published in October were highlighted for their allegedly defamatory and malicious content, one detailing a "lifetime of scandals" and another suggesting Trump would govern in a dictatorial manner.
Trump's legal team contends that The New York Times and its journalists manipulated information and distorted facts with the intent to harm Trump's reputation. In response, a spokesperson for the Times dismissed the lawsuit as unfounded, asserting that the outlet would not be intimidated.
In related developments, CBS and its parent company Paramount reached a $36 million settlement with Trump over allegations that a "60 Minutes" segment had been misleadingly edited. Similarly, ABC News agreed to a $15 million settlement in December 2024 following a lawsuit by Trump over false implications of a rape verdict against him, as stated by George Stephanopoulos.
Furthermore, The New York Times issued a correction after erroneously attributing an antisemitic quote to Turning Point USA founder Charlie Kirk. The correction clarified that Kirk had been criticizing the statement while reading it aloud from a third party's post.
These legal battles underscore the ongoing tensions between President Trump and major media outlets, highlighting the complexities of defamation law in the United States.
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