Former President Donald Trump has lost his appeal in a defamation case against Cable News Network (CNN). The Eleventh Circuit Court of Appeals upheld the lower court’s decision to dismiss Trump’s lawsuit, which centered on CNN’s use of the phrase “Big Lie” to describe his claims about the 2020 presidential election.
The Core of the Dispute
Trump argued that CNN defamed him by using the term “Big Lie,” claiming it implied he was intentionally spreading false information about the election. He believed this term associated him with Hitler and Nazi propaganda. According to Trump, this association, implied by CNN’s use of “Big Lie,” constituted a false statement of fact.
The Court’s Reasoning
The Eleventh Circuit, in its ruling, agreed with the lower court’s assessment that CNN’s use of “Big Lie” did not constitute a false statement of fact, which is a key requirement for a defamation claim under Florida law. The court reasoned that the phrase was an opinion, not a statement of fact that could be proven true or false.
The court cited previous cases, such as Buckley v. Littell, where similar terms like “fascist” and “fellow traveler” were considered too subjective to be factual. The court found that “Big Lie” was at least as ambiguous as those terms.
The court also pointed out that Trump’s interpretation of his own actions—that he was exercising his constitutional rights—was a subjective assessment. CNN’s differing interpretation, the court said, did not render its opinion false. The court drew a parallel to a previous case, Turner v. Wells, where a coach’s actions were described as “homophobic taunting,” and the court found that this was a subjective assessment, not a provable fact.
Trump’s Other Arguments Rejected
Trump also argued that the district court should have considered more than just the five specific statements he initially listed in his complaint. He claimed the court should have analyzed over 60 instances of alleged defamation mentioned in a notice letter and nearly 7,700 instances where CNN used the “Big Lie” allegation. The court rejected this argument, stating that the number of times CNN used the phrase was irrelevant to the question of whether it constituted a false statement of fact.
Trump also contended that a jury should decide whether CNN’s publications were defamatory. However, the court cited precedent, stating that whether a statement is fact or opinion and whether it can be interpreted as defamatory are legal questions for the court to decide.
Motions for Reconsideration and Amendment Denied
After the district court dismissed Trump’s complaint, he sought reconsideration and leave to amend his complaint. Both motions were denied. Trump argued the district court applied an overly strict standard in denying his motion for leave to amend. However, the appeals court found the district court did not abuse its discretion, noting that the dismissal of the complaint was a dismissal of the entire action.
The court also found no abuse of discretion in denying Trump’s motion for reconsideration under Rule 59. Trump argued the district court failed to consider the circumstances surrounding CNN’s statements and that it misapplied the standard. The appeals court found that neither argument involved new evidence or errors of law or fact, and the district court had applied the correct standards.
The Outcome
The Eleventh Circuit affirmed the district court’s decision to dismiss Trump’s complaint, concluding that CNN’s use of “Big Lie” was not a false statement of fact and that the lower court had not erred in its rulings on the motions.