Harvard Law Professor Says ‘Actual Malice’ Standard Poses Major Obstacle
President Donald Trump faces a tough legal battle in his defamation lawsuits against major media outlets, according to Harvard Law professor emeritus Alan Dershowitz.
Speaking on Newsmax, Dershowitz explained that under current U.S. law, Trump must prove more than just false statements; he must prove the outlets acted with “actual malice.”
The term actual malice is a high legal bar, requiring proof that the statements were made with either knowledge that they were false or with reckless disregard for the truth. Dershowitz noted that this standard makes it “very, very uphill” for a public figure, like a president, to win a defamation case. He mentioned the irony that Trump might have a better chance of winning such a case in Great Britain, which has different defamation laws.
The professor also highlighted that while he personally feels the malice standard may be too restrictive, any change would need a ruling from the Supreme Court. He suggested that some legal scholars, including himself, argue that the question of malice should be decided by a jury, not a judge.
The discussion comes as Trump filed a $15 billion lawsuit against The New York Times, accusing the paper of publishing “falsehoods” to damage his 2024 campaign and reputation.
The lawsuit specifically cites the paper’s endorsement of Kamala Harris and articles describing Trump’s “lifetime of scandals” and warning he would govern like a dictator. Trump’s legal team claims the Times manipulated information with the intent to harm his reputation, a claim the Times spokesperson dismissed as baseless.
Trump has had some recent success in defamation claims against other outlets, reaching a $36 million settlement with CBS and its parent company, Paramount, and a $15 million settlement with ABC News.
However, these settlements do not set a precedent for future cases, especially those against the Times, which has vowed to fight the lawsuit in court. The high standard of proof for defamation, particularly the actual malice requirement, remains the central obstacle for Trump.
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