Alan M. Dershowitz
§ Freedom
of speech is designed to promote the marketplace of ideas. It is not a license
for giant media companies to deliberately and maliciously defame citizens, even
public figures.
§ So
when CNN made a decision to doctor a recording so as to deceive its viewers
into believing that I said exactly the opposite of what I actually said, that
action was not protected by the First Amendment.
§ So
I am suing them for a lot of money, not in order to enrich myself, but to deter
CNN and other media from maliciously misinforming their viewers at the expense
of innocent people. I intend to donate funds I receive from CNN to worthy
charities, including those that defend the First Amendment.
§ Every American will benefit from a judicial decision that holds giant media accountable for turning truth on its head and for placing partisanship above the public interest.
I love the First Amendment, I support the First Amendment, I have litigated cases defending the First Amendment. I have written and taught about the First Amendment. And I was a law clerk for the Supreme Court when it rendered its landmark 1964 decision in New York Times v. Sullivan, which "protects media even when they print false statements about public figures, as long as the media did not act with 'actual malice.'"
But I also understand the limitations of the First Amendment. Freedom of speech is designed to promote the marketplace of ideas. It is not a license for giant media companies to deliberately and maliciously defame citizens, even public figures. So when CNN made a decision to doctor a recording so as to deceive its viewers into believing that I said exactly the opposite of what I actually said, that action was not protected by the First Amendment. Here is what CNN did.
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