Former President Donald Trump has taken his defamation case against CNN to the Supreme Court, challenging a dismissal by the lower courts. The case centers on CNN’s use of the term “the Big Lie” in relation to Trump’s claims about the 2020 presidential election, which he contends falsely associates him with Adolf Hitler and Nazi propaganda. Trump argues this constitutes defamation by presenting him as a “knowing liar” who intentionally misled the public concerning the election outcome.
The original case was dismissed by a federal judge in Fort Lauderdale, Florida, and this dismissal was subsequently upheld by the U.S. Court of Appeals for the 11th Circuit. According to the appellate court’s opinion, a defamation claim requires a false statement of fact, which CNN did not explicitly make. The court found CNN’s use of the term “Big Lie” ambiguous and not necessarily implying a direct comparison to Hitler’s actions.
Trump’s petition to the Supreme Court cites the court’s 1990 decision in Milkovich v. Lorain Journal Co. to argue that defamation can extend to misleading opinions. The petition highlights a supposed divide among appellate courts regarding how they interpret the balance between opinions and verifiable facts in defamation cases. Trump’s legal team argues that the 11th Circuit made a subjective decision rather than examining whether CNN’s statements, including visual comparisons to Hitler, conveyed factual claims.
CNN is expected to file its response to Trump’s Supreme Court petition by September 21. This case continues a broader conversation about the line between opinion and fact in defamation law, and the outcome could have significant implications for media companies and public figures alike.
For further details on the case, please see the full article on SCOTUSblog.