June 29, 2026

Supreme Court's Conservative Justices Criticize 'Actual Malice' Standard in Dershowitz Case

Justices Clarence Thomas and Neil Gorsuch dissented in the Supreme Court's decision not to hear Alan Dershowitz's defamation case against CNN, arguing the 'actual malice' standard is excessively stringent.
The dissenting justices criticized the reliance on the 1964 precedent set in New York Times Co. v. Sullivan, suggesting it is disconnected from constitutional principles.
Dershowitz claims CNN misrepresented his comments during Trump's impeachment trial, but he was unable to prove actual malice, which the dissenting justices believe should be reevaluated.