No. 25-770October Term 2025DismissedUpdated Sep 12, 2026
Dershowitz v. Cable News Network
Case status
Where it stands
The case ended without a full Supreme Court ruling on the merits.
What it's about
Alan Dershowitz petitioned the Supreme Court after the Eleventh Circuit ruled against his defamation claim against CNN, which arose from CNN’s coverage of his statements during a Senate proceeding. The petition was dismissed, so the Court did not decide whether CNN’s alleged omission of qualifying context could show “actual malice” or whether the constitutional actual-malice rules for defamation should be changed.
Question presented
1. Whether a defendant’s systematic omission of qualifying and limiting language from a plaintiff’s recorded statement constitutes proof of actual malice under New York Times Co. v. Sullivan, 376 U.S. 254 (1964), sufficient to survive summary judgment, as the Second, Third, Fifth, and Ninth Circuits have held, and contrary to what the Eleventh Circuit held below? 2. Whether the actual malice standard established in Sullivan, or as extended by its progeny, should be discarded altogether or at least as to private citizens who are public figures? 3. Whether this Court should modify Sullivan’s clear-and-convincing and burden-of-proof evidentiary standards?
What the Court decided
Holding
Petition DENIED. Justice Thomas, with whom Justice Gorsuch joins, dissenting from the denial of certiorari. (Detached Opinion )
Why it matters
The Eleventh Circuit's judgment remains in place for this case. The Court did not resolve whether omitting qualifying context can show actual malice (knowledge of falsity or reckless disregard for truth) in defamation cases.
The petition asked the Court to reconsider parts of the constitutional rules that protect speech about public figures in defamation lawsuits.
Case file
Documents
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AI analysis generated: Case Briefing
AI analysis generated: Decision Record
Opinion added: Opinion
Brief added: Petition
Court Order added: Lower Court Orders/Opinions
More questions
- What did the Supreme Court do in Dershowitz v. CNN?
- The Court declined to hear the case. It did not decide the defamation questions raised in Dershowitz's petition.
- Who is affected by the denial in Dershowitz v. CNN?
- Dershowitz and CNN remain bound by the Eleventh Circuit's outcome in this dispute. The denial itself does not create a new nationwide rule.
- What happens next in Dershowitz v. CNN?
- The Supreme Court case is over. The Eleventh Circuit's judgment remains in effect.
- Is New York Times v. Sullivan still the law after Dershowitz v. CNN?
- Yes. The Court did not change the actual-malice standard or other defamation rules discussed in the petition.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.