Former President Donald Trump plans to petition the U.S. Supreme Court to review his defamation lawsuit against CNN, according to reporting from SCOTUSblog. The case centers on Trump's claims that CNN published false and defamatory statements about him.
Trump initially filed the suit in federal court, seeking damages for alleged harmful coverage. CNN moved to dismiss the case, arguing the statements were either true or protected opinion under the First Amendment. A lower court rejected Trump's claims, leading him to pursue review at the Supreme Court.
The petition represents Trump's attempt to establish new defamation law precedent favoring public figures like himself. Current Supreme Court doctrine, established in New York Times Co. v. Sullivan, requires public figures to prove defendants acted with "actual malice" when publishing false statements. Public figures must demonstrate the defendant knew the statement was false or acted with reckless disregard for truth.
The CNN case tests whether the Court will reconsider these standards. Trump's legal team likely argues that the Sullivan standard is too protective of media defendants and prevents public figures from adequately protecting their reputations. Media organizations oppose any relaxation of the Sullivan framework, contending it protects robust public debate.
The article also references a separate campaign to overrule Obergefell v. Hodges, the 2015 decision guaranteeing the constitutional right to same-sex marriage. Conservative groups have mounted efforts to reverse that precedent through legislative action and strategic litigation, though no Supreme Court case currently threatens the decision directly.
Trump's CNN petition will join dozens of other cases on the Court's docket. The justices receive thousands of petitions annually but grant review in fewer than 100 cases per term. Whether the Court accepts Trump's petition remains uncertain, but the case has attracted attention from media organizations, First Amendment advocates, and political observers watching for potential shifts in defamation law.