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Free Speech

Still Just Two Votes (No Evidence of More) for Overruling "Actual Malice" Test in Defamation Cases

Eugene Volokh | 6.29.2026 10:37 AM

From today's dissent from the denial of certiorari in Dershowitz v. CNN, Inc., written by Justice Thomas, joined by Justice Gorsuch:

Alan Dershowitz sued respondent, a major news network, alleging that it defamed him. Because Dershowitz is a "public person," our precedents required him to prove not only the elements of common-law defamation, but also that the network acted with "actual malice." See Gertz v. Robert Welch, Inc. (1974). Predictably, Dershowitz did not prevail under that........

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