A federal appeals court on Thursday revived a defamation lawsuit accusing CNN of defaming Project Veritas in its explanation of why the conservative group, which is often accused of using deceptive tactics, was suspended from Twitter in 2021.
The 11th U.S. Circuit Court of Appeals in Atlanta said Project Veritas can sue over CNN reporter Ana Cabrera’s on-air statement that she was suspended for “promoting misinformation” rather than publishing information private or “doxim”.
Without ruling on the merits, the three-judge panel also said Project Veritas credibly alleged that CNN acted with actual malice, meaning it knew Cabrera’s statements were false or acted with reckless disregard for him. their truth.
CNN, part of Warner Bros. Discovery, and its lawyers did not immediately respond to requests for comment.
Libby Locke and Joe Oliveri, who represent Project Veritas, said in a joint statement that the case will proceed to a possible jury trial.
“Today’s decision sends a strong message to the media: truth matters,” they said.
Based in Mamaroneck, NY, Project Veritas is known for using secret recordings against opponents and once obtained the diary of Democratic President Biden’s daughter Ashley.
Cabrera now works for MSNBC and is not a defendant. Twitter is now known as X and owned by Elon Musk, the billionaire CEO of Tesla.
The ruling came after a federal appeals court in Manhattan in August granted former Alaska Gov. Sarah Palin a new trial against the New York Times over an editorial she said was defamatory.
Some conservatives want to make it easier for courts to hold the media liable for defamation. Two Supreme Court justices have called for reconsideration of the current malice standard.
Different ‘essence’
Cabrera told CNN viewers on February 15, 2021 that Twitter’s suspension of Project Veritas four days ago was part of a broader crackdown on disinformation.
Her colleague Brian Stelter seemed to agree, saying the group “engaged in a Twitter policy that broke multiple rules.”
After CNN rejected a retraction, Project Veritas sued, citing Cabrera’s February 11, 2021 tweet stating the exact reason for the suspension.
U.S. District Judge Steve Jones dismissed the case in March 2022, saying Cabrera’s statements were substantially true under applicable New York law.
But in Thursday’s ruling, U.S. District Judge Elizabeth Branch, appointed to the court by Republican President-elect Donald Trump, said viewers may view the spread of misinformation as more serious.
“The relevant question is whether the ‘essence’ or ‘substance’ of the suspension for ‘promoting misinformation’ is the same as the suspension for ‘publishing another’s private information without their consent,'” writes Dega. “It isn’t.”
The branch also said Project Veritas was sufficiently informed that CNN had “serious doubts” about Cabrera’s statements.
The appeals court remanded the case to Jones. Circuit Judge Ed Carnes, an appointee of Republican President George HW Bush, agreed with the decision.
“If you stand on the bench long enough, you will see many things,” he wrote. “I never thought I’d see a major news organization downplay the importance of telling the truth in its broadcasts. But that’s what CNN has done in this case.”
The case is Project Veritas v Cable News Network Inc, 11th US Circuit Court of Appeals, No. 22-11270.
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