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Sekulow - SCOTUS Case to Overturn CNN Defamation Shield

January 14, 2026 | 26:17

Jay Sekulow speaks about the protection of religious freedoms in America.

#News #Media #Government #Politics #Crime #Law #Culture #JaySekulow

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Sekulow | Sekulow - SCOTUS Case to Overturn CNN Defamation Shield | January 14, 2026

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- welcome to "sekulow".
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We have a packed show today.
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We're finally taking on an issue
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And it gets to go to the supreme court,
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Which can be very interesting.
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An issue that a lot of you bring up,
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You call in about it all the time.
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And that is that it seems like organizations like,
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I'll say like cnn, but let's just say the news in general,
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Mainstream news can get away with saying a lot of things.
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And look, we have a very broad freedom of speech.
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It's not about that.
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It's when they knowingly repeat a lie
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Over and over and over again.
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When they make a strategic edit that is made
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To defame somebody over and over and over again.
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And you've seen that happen in the news so much
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And the shield is so strong against being able
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To do anything about it that nothing ever gets done.
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Well, the aclj is representing a new client.
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This is alan dershowitz,
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Who again, this is gonna be an interesting one.
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He's got alan dershowitz suing cnn with the aclj involved
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'cause we believe in a bigger scale of this,
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That the issue needs to finally be addressed.
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You had one court say, yes, you are right.
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And then you had one court that flipped it
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And said, no, this shouldn't happen.
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And now it's taking it to supreme court
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In the united states.
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And will can give you a bit more
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Of a breakdown on what we're talking about here.
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- that's right.
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So what this case will go to,
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And it's captioned dershowitz
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Versus the cable news network incorporated.
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So cnn right there in the caption, it goes to the heart
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Of what is called the sullivan decision.
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And that is a case
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That was decided back on march 9th, 1964 in the case
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New york times v sullivan, which gave this,
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This higher protection to the media
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When it comes to defamation claims.
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It, the court found that you had to find actual malice-
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- sure. - by the individual.
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And it created almost an impossible standard for someone
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To address if they have been defamed.
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Now, what the aclj is doing here is kind of going
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To the court because there are split decisions
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From appeals courts when it comes to where this could lie.
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And then also looking at the sullivan decision
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To see if it needs to be reexamined altogether,
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Since that was decided in 1964.
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And the landscape of media has changed quite a bit.
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- so much since the sixties.
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Obviously when this was set in place, they had no idea
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What was coming, which would not only be 24 hour cable news,
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But then just around the corner from that would be the way
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They run social media
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And the way how, how mainstream news has a certainly
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A big footprint in terms
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Of getting messages out there in digital media.
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So i think it's time, whether you're actually for this
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Or against this and, and whether you like our stance in this
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Or not, i think it is actually time for the court
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To weigh in and make some new adjustments
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To how this is being taken
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Because i think this is a very important issue
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That we need to get involved in.
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My dad, jay sekulow chief counsel here at the aclj,
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He's gonna be joining us live in the next segment.
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So stay tuned for that.
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And we're gonna discuss a lot more when we get back
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With my dad, jay sekulow in just a moment.
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- welcome back to "sekulow".
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Phone lines are open for you.
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I'd like to hear from you on this issue
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'cause it's something that i think the aclj
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And really the american people should be weighing
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Into right now as the media landscape
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Has changed quite a bit since the sixties.
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And the shield, if you will, that organizations
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Like mainstream news organizations
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Like cnn have had against defamation
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Has been almost impenetrable.
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I cannot tell you the constant calls i've had over the years
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Where someone gets very upset
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That lies are being spread about
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Them through mainstream news.
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They call us and dad,
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Half the time it feels like the conversation's gotta be,
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Sadly, there's not a whole lot we can do.
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Well that may change as the aclj is now back in court
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With a what could be a landmark case against
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The cable news network, against cnn
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For perpetuating something
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That their organization knew to be untrue
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Against alan dershowitz's fame lawyer, you know,
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Celebrity lawyer, if you will.
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Again, this is not usually how everything lines up,
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But when you have alan dershowitz suing cnn
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Where's the aclj get involved.
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And we get involved because of not necessarily
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Even the merits of this specific case,
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But because the standard that has been in place
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And has been established since the sixties
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Just does not reflect the media landscape of 2025.
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- [jay] no, you're exactly right.
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And you know, you mentioned earlier, logan,
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That it's almost impenetrable.
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It really is impenetrable.
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If you're a public figure
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And the media attacks you, president trump has seen this.
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It's basically we tell clients, sorry,
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There's nothing really we can do.
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Now what's interesting here
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Is in professor dershowitz's case,
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Which it's quite an honor
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For us to represent the leading constitutional law
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Professor in american history.
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He was representing president trump with me
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And jordan at the senate floor during the impeachment.
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And he made a statement of how the impeachment laws
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Are supposed to work under the constitution,
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What constitutes an impeachable offense.
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And cnn, after knowing exactly what he said,
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All their commentators went on,
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Made up a thing called the dershowitz doctrine,
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Which there is none.
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And said completely the opposite of what he said.
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And logan, they had the tape, the whole world saw it,
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And they continued this for a couple of days.
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They never retracted it.
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So professor dershowitz filed a lawsuit.
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The judge said that if there was ever a case
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Of defamation, this was it.
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But the only thing standing in the way
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Between professor dershowitz
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And justice is a supreme court opinion
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Called new york times versus sullivan, which was in 1964,
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Which gave media heightened protection.
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But the media landscape was totally different then.
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Now you have everybody's media.
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So what you've got is, as you mentioned,
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This impenetrable wall,
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We're challenging new york times versus sullivan.
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We also believe that the burdens
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That they place on plaintiffs
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Is outrageous in these kind of cases.
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And let me take it a step further.
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It's not just, you know,
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How does this impact cnn, this impacts everybody.
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'cause as logan as you said,
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These are calls we get including from the president
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All the way to professor dershowitz,
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To other people that, you know,
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The attacks that come and nobody can take legal action.
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We're hoping to change that.
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Justice thomas, justice alito
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And justice gorsuch have all questioned the law
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Saying it did was created out
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As a political decision, not a legal one.
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It's not rooted in the constitution.
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And we have filed this morning, which you're right folks,
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We work right through the holidays to get this brief done.
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The petition for it has been filed
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As of about 45 minutes ago.
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So we are now officially at the supreme court
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Of the united states.
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And what i think is probably one of our, not probably,
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It is one of our biggest cases we've ever had.
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The implications are huge and our aclg members
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And donors have made this possible.
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And it was a lot of legal work.
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We had five lawyers plus me
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Working on this case pretty much for the last two months.
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It is been our project.
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So i'm excited, very pleased with the product.
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We'll, you know, the other side gets to respond
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And we'll respond again
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And we'll probably know, you know, end of the spring
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If they're gonna take it or not.
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If they do, we we will argue it next year.
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I'm optimistic there are justices calling
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For this decision to be overturned.
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It's time and we're optimistic
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And i think we've got the perfect case for it.
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- yeah, it's a long process.
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I wanna make sure people know that, that, you know,
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You're hearing about it today and it's not in the answer
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Tomorrow, but we have to have a team on board
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Pretty much working these supreme court
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Cases almost on a full-time level on these kind
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Of scale when it comes to these kind of cases.
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This is not something that is, you know,
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We send off a demand letter
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And then we wait for it to come back.
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You know, this is something that we have
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To be on really on point about.
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However, i think what we all can agree on
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That it's at least time
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And the way media has changed it is at least time
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For the court to weigh in
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For the first time since the sixties on this.
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- that's right, logan.
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And this is another angle
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As well i find so fascinating about the history of this case
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And the case as well is that professor dershowitz
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Was a law clerk for justice goldberg when this was decided.
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And justice goldberg wrote a concurring opinion
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In the new york times v sullivan.
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So his history with this goes back to when it was decided
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And is now with aclj fighting against
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What is happening in the current landscape
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Because even he realizes that things have changed.
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But i also wanted to bring this up
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And ask you about this, is that when you look
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At the first amendment is that it makes protection
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For the no law respecting establishment
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Of religion prohibiting the free exercise of speech,
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The freedom of speech or the press.
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And then also we get down to one
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That many people don't talk about as much,
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But we at the aclj fight for is the petition the government
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For a redress of grievances.
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These are all clauses within the first amendment.
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However, what new york times versus sullivan seems
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To have done is put tip the scales in favor of the press
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To some degree, giving them an enhanced protection
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While those that may be subject to not being able
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To address their, get a redress of their grievances
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By petitioning the government
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Because the scale's been tipped for the press.
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Is that something that we're addressing here as well?
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- [jay] well, of course,
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But it's more than tipping the scale.
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It's pretty much eliminated the right
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To petition the government, by the way, the petition
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Of government is not just a petition of congress
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That includes going to court because you can't win.
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I mean it, the, the court here, the lower court
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Who ruled against professor dershowitz
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And said, we're ruling against professor dershowitz
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Because new york times versus sullivan,
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Even though they say,
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Of course he didn't say what they said he said.
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Now, i mean, think about that for a moment.
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So the first amendment is not a license
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For libel and slander.
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That was never the founder's intent.
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So they will still be first amendment protections.
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You're gonna have to, you're gonna have
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To show proof will always be a defense
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That the media can use and that's fine.
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But this enhanced protection, by the way, alan dershowitz
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Not only clerk for justice goldberg,
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Who wrote a concurrence, he worked on that concurrence.
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But the concurrence was limited to not public figures,
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But public officials.
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And that was basically government of figures.
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By the way i don't think it was right as that either.
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But there's a big difference between elected officials
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Who got the apparatus of government
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To defend them versus a private citizen
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Who happens to be a public figure.
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So it's got huge ramifications
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And will be very helpful as we move forward
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With real freedom of speech and freedom of the press.
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But there needs to be some accountability.
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People call this program all the time
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And say, we want some accountability.
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Well this is, this is a way to get it.
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But again, we need everybody supporting our work.
00:11:11.305 --> 00:11:13.908
This is just the first round we filed our opening petition
00:11:13.908 --> 00:11:18.546
Brief with about 30 pages plus attachments.
00:11:18.546 --> 00:11:21.549
It's probably 200 pages.
00:11:21.549 --> 00:11:23.417
They will respond and then we will respond again.
00:11:23.417 --> 00:11:26.887
- that's right.
00:11:26.887 --> 00:11:27.721
Hey, next coming up.
00:11:27.721 --> 00:11:28.622
Thanks, dad for joining us
00:11:28.622 --> 00:11:31.392
(brooding music)
00:11:31.759 --> 00:11:33.009
- [group] i pledge allegiance to the flag.
00:11:33.009 --> 00:11:33.388
(dramatic music)
00:11:33.755 --> 00:11:34.789
(brooding music)
00:11:34.789 --> 00:11:36.191
- of course, we've been involved in a lot of these topics
00:11:36.191 --> 00:11:38.026
That you're hearing on the news all the time.
00:11:38.026 --> 00:11:39.561
Of course our, our main one we talked about today
00:11:39.561 --> 00:11:41.596
Was the aclj is going to supreme court.
00:11:41.596 --> 00:11:43.465
We filed a supreme court, a huge new lawsuit that is going
00:11:43.465 --> 00:11:48.470
After really, let's just say reopening the idea
00:11:48.470 --> 00:11:52.173
That you don't get blanket essential immunity
00:11:52.173 --> 00:11:54.542
To say whatever you want, any lies you wanna come up with
00:11:54.542 --> 00:11:57.212
Just because you're the news.
00:11:57.212 --> 00:11:59.514
You can have commentary, you can discuss different things.
00:11:59.514 --> 00:12:01.750
But if you're blatantly going out there repeating a quote,
00:12:01.750 --> 00:12:05.654
Misquoting, doing stuff like that,
00:12:05.654 --> 00:12:07.389
If you are defaming that there can be some repercussions.
00:12:07.389 --> 00:12:11.526
Of course, it's very broad right now.
00:12:11.526 --> 00:12:13.528
As my dad said and as we've had this discussion,
00:12:13.528 --> 00:12:15.330
You have no idea how many people called me
00:12:15.330 --> 00:12:16.898
Specifically over the last few years.
00:12:16.898 --> 00:12:18.433
A lot of those that they're in hollywood
00:12:18.433 --> 00:12:20.235
Who have had their careers ruined
00:12:20.235 --> 00:12:22.404
Because of something that they've, you know,
00:12:22.404 --> 00:12:24.940
Were misquoted of saying.
00:12:24.940 --> 00:12:26.908
And it's destroyed a lot.
00:12:26.908 --> 00:12:29.411
When i get on the phone with them,
00:12:30.178 --> 00:12:32.280
It kind of breaks their heart
00:12:32.280 --> 00:12:33.548
'cause i have to tell them, you know,
00:12:33.548 --> 00:12:34.950
The supreme court pretty much says you're fair game.
00:12:34.950 --> 00:12:37.786
You're a fair game to be lied to, lied about
00:12:37.786 --> 00:12:40.622
Because you're a public figure.
00:12:41.256 --> 00:12:43.191
And the standard is so broad.
00:12:43.191 --> 00:12:45.360
Now the acljs finally has an opportunity to go to court
00:12:46.461 --> 00:12:49.064
And say, you know what,
00:12:49.064 --> 00:12:50.398
Maybe honesty is the best policy, will.
00:12:50.398 --> 00:12:52.867
Maybe we can actually get something done.
00:12:52.867 --> 00:12:54.836
So alan dershowitz kind of famed celebrity lawyer,
00:12:54.836 --> 00:12:58.073
One of the top, you know, legal scholars in the world.
00:12:58.073 --> 00:13:01.242
He was representing part of the trump impeachment trial
00:13:01.242 --> 00:13:05.013
Representing president trump.
00:13:05.013 --> 00:13:06.581
And they kept repeating cnn kept repeating the same fact
00:13:06.581 --> 00:13:10.785
That was incorrect over and over and over again
00:13:10.785 --> 00:13:13.188
Knowingly for days and days and days.
00:13:13.188 --> 00:13:16.358
And what i do like about this case is it really has,
00:13:16.358 --> 00:13:19.294
I'm sure it has to do with mr. dershowitz,
00:13:19.294 --> 00:13:22.297
It has to do with cnn
00:13:22.297 --> 00:13:25.000
But really it has to do with reopening this idea
00:13:25.000 --> 00:13:27.102
That we live in a very different media landscape
00:13:27.102 --> 00:13:29.671
And there does need to be some accountability
00:13:29.671 --> 00:13:32.007
In terms of the way the media can present
00:13:32.007 --> 00:13:33.842
And really the way, the way the media
00:13:33.842 --> 00:13:35.377
Can defame and destroy people.
00:13:35.377 --> 00:13:37.278
And i think that's a good thing overall.
00:13:38.146 --> 00:13:40.915
If anything, it opens up the conversation once again.
00:13:40.915 --> 00:13:43.084
The aclj is right in the middle of it.
00:13:43.084 --> 00:13:45.787
Right in the middle of it 'cause people like you,
00:13:45.787 --> 00:13:47.255
We know this is an important topic for you.
00:13:47.255 --> 00:13:49.557
We have had you call us and had these conversations
00:13:49.557 --> 00:13:51.626
Before so many times.
00:13:51.626 --> 00:13:53.862
All right, with that i wanna go ahead
00:13:53.862 --> 00:13:55.230
And take some phone calls.
00:13:55.230 --> 00:13:56.498
Let's go to melissa in south carolina
00:13:56.498 --> 00:13:58.600
Who is listening on the radio.
00:13:58.600 --> 00:14:00.101
Melissa, go ahead.
00:14:00.101 --> 00:14:01.302
- [megan] hey logan, i'm actually in beautiful,
00:14:02.237 --> 00:14:03.805
Sunny southern california today.
00:14:03.805 --> 00:14:05.940
- oh. - but i just,
00:14:05.940 --> 00:14:07.509
I wanted to clarify with the case
00:14:07.509 --> 00:14:11.646
Of the dershowitz case that you're in the attempt
00:14:11.646 --> 00:14:15.383
To pursue this, it's not only gonna just affect
00:14:15.383 --> 00:14:18.853
The mainstream or legacy media as people now call it,
00:14:18.853 --> 00:14:22.957
It will also have some components of defamation
00:14:22.957 --> 00:14:25.560
That would maybe address social media.
00:14:25.560 --> 00:14:27.762
- i think that there is a chance,
00:14:27.762 --> 00:14:29.197
I have to go get into details with our legal team.
00:14:29.197 --> 00:14:32.067
What i do think the opportunity is that a lot
00:14:32.067 --> 00:14:34.069
Of these major mainstream media organizations
00:14:34.069 --> 00:14:36.938
Are also on social media.
00:14:36.938 --> 00:14:38.640
So of course they're providing a lot of the content
00:14:38.640 --> 00:14:40.875
For social media shares.
00:14:40.875 --> 00:14:42.944
I don't think it would be the directly like, hey,
00:14:42.944 --> 00:14:44.612
You decide, you post something as an individual.
00:14:44.612 --> 00:14:47.515
We're not talking about that.
00:14:47.515 --> 00:14:48.683
We are talking about organizations,
00:14:48.683 --> 00:14:50.985
Companies who are in the news.
00:14:50.985 --> 00:14:53.154
That could be a company, that can be a news company
00:14:53.154 --> 00:14:55.723
That does have a larger footprint for sure.
00:14:55.723 --> 00:14:58.927
And social media is a compartment of that,
00:14:58.927 --> 00:15:00.728
Component of that.
00:15:00.728 --> 00:15:02.197
- well, and when you also think about social media,
00:15:02.197 --> 00:15:03.531
Here's what this goes to the heart of.
00:15:03.531 --> 00:15:06.000
This is the new york times versus sullivan,
00:15:06.000 --> 00:15:08.470
That's the precedent that we're talking about here.
00:15:08.470 --> 00:15:11.940
What the court found in new york times v sullivan
00:15:11.940 --> 00:15:15.610
Back in 1964 is that when a statement concerns
00:15:15.610 --> 00:15:20.849
A public figure the court held,
00:15:21.483 --> 00:15:22.951
It is not enough to show that it is false
00:15:22.951 --> 00:15:25.820
For the press to be liable for it.
00:15:25.820 --> 00:15:28.523
Instead, the target of the statement must show
00:15:28.523 --> 00:15:33.128
That it was made with knowledge of
00:15:33.128 --> 00:15:35.096
Or reckless disregard for its falsity.
00:15:35.096 --> 00:15:38.233
And that term, actual malice is where that came from
00:15:38.233 --> 00:15:41.903
Is that if the press is reporting on a public figure,
00:15:41.903 --> 00:15:45.974
Then the actual malice has to be there for them
00:15:45.974 --> 00:15:48.943
To be held liable for liable.
00:15:48.943 --> 00:15:51.212
Now when you start to think about
00:15:51.212 --> 00:15:53.915
What is even a public figure now because of social media,
00:15:53.915 --> 00:15:58.052
Because of a celebrity may not be, you know, an actor-
00:15:58.052 --> 00:16:03.358
- a journalist. - or anything
00:16:04.025 --> 00:16:05.293
That anyone could in theory become some sort
00:16:05.293 --> 00:16:08.129
Of public figure if they are on social media,
00:16:08.129 --> 00:16:11.065
The world is completely shrunk in that way
00:16:11.065 --> 00:16:14.669
Because of the way we communicate and are all connected now.
00:16:14.669 --> 00:16:17.939
So that's what it gets to the heart at
00:16:17.939 --> 00:16:20.241
Is that and sullivan for a public figure.
00:16:20.241 --> 00:16:23.811
And when it is not,
00:16:23.811 --> 00:16:26.414
When it's the media reporting on it, that actual malice,
00:16:26.414 --> 00:16:29.484
That heightened bar has to be met.
00:16:29.484 --> 00:16:32.654
And i wanna also read something.
00:16:32.654 --> 00:16:34.222
This is from a concurring opinion with the 11th circuit,
00:16:34.222 --> 00:16:38.493
Which was the appeals court that ruled
00:16:38.493 --> 00:16:41.763
Against mr. dershowitz in this case.
00:16:41.763 --> 00:16:45.767
And this is from the concurring opinion
00:16:45.767 --> 00:16:47.635
'cause it's fascinating when you read it.
00:16:47.635 --> 00:16:50.071
This is from judge lagoa at the 11th circuit says,
00:16:50.071 --> 00:16:53.541
"as a preliminary matter there can be little dispute
00:16:53.541 --> 00:16:57.645
That cnn defamed alan dershowitz
00:16:57.645 --> 00:17:00.882
Under any common understanding of that term."
00:17:00.882 --> 00:17:04.452
So this judge is saying no dispute,
00:17:04.452 --> 00:17:06.554
He was defamed by cnn.
00:17:06.554 --> 00:17:08.256
Cnn through its various writers and anchors,
00:17:08.256 --> 00:17:10.258
Repeatedly misrepresented statements
00:17:10.258 --> 00:17:12.694
That dershowitz made on the floor of the senate.
00:17:12.694 --> 00:17:15.563
That is statements whose accuracy could easily be verified
00:17:15.563 --> 00:17:19.968
Against the senate transcript and video footage
00:17:19.968 --> 00:17:22.737
And which cnn employees all could have live.
00:17:22.737 --> 00:17:26.541
In some instances they blurred the line
00:17:26.541 --> 00:17:28.576
Between fact and commentary
00:17:28.576 --> 00:17:30.478
And in others they simply lied
00:17:30.478 --> 00:17:32.413
About what dershowitz had said.
00:17:32.413 --> 00:17:34.048
This is coming from the judge.
00:17:34.048 --> 00:17:36.150
Skips down, goes through more facts
00:17:36.150 --> 00:17:37.752
Than that and then says all of this
00:17:37.752 --> 00:17:39.254
To say i agree with the district court
00:17:39.254 --> 00:17:42.657
That the only thing standing between dershowitz
00:17:42.657 --> 00:17:45.793
And justice is sullivan.
00:17:45.793 --> 00:17:48.263
And that is exactly why we are going to the supreme court
00:17:48.263 --> 00:17:51.332
Because as this lower court judge, the appeals court said,
00:17:51.332 --> 00:17:55.903
You know, our hands are kind of tied here
00:17:55.903 --> 00:17:58.406
Because of supreme court precedent going back to 1964,
00:17:58.406 --> 00:18:01.909
Which raises it.
00:18:01.909 --> 00:18:03.645
And as your dad said earlier, logan as you said,
00:18:03.645 --> 00:18:06.381
Makes it impossible.
00:18:06.381 --> 00:18:08.049
This barrier, this wall is impenetrable
00:18:08.049 --> 00:18:11.119
Because of the the standard that sullivan set.
00:18:11.119 --> 00:18:13.988
And so therefore when you start thinking about
00:18:13.988 --> 00:18:16.090
Who could be a public figure, who could be lied about
00:18:16.090 --> 00:18:18.593
By the media, it could at some point get to be everyone.
00:18:18.593 --> 00:18:22.297
And then there is no avenue under the constitution
00:18:22.297 --> 00:18:26.401
To petition the government for the redress
00:18:26.401 --> 00:18:28.136
Of your grievances, which is also
00:18:28.136 --> 00:18:29.671
Guaranteed in the first amendment.
00:18:29.671 --> 00:18:31.606
- we have seen people's lives ruined
00:18:31.606 --> 00:18:33.408
And simply had to tell them.
00:18:33.408 --> 00:18:34.609
And i hated that.
00:18:34.609 --> 00:18:35.877
Look, i hate having this conversation.
00:18:35.877 --> 00:18:37.145
It's saying really our hands are tied.
00:18:37.145 --> 00:18:38.579
There's not much we can do.
00:18:38.579 --> 00:18:39.681
And that's very rare for the aclj.
00:18:39.681 --> 00:18:40.982
Just have to say that.
00:18:40.982 --> 00:18:42.283
This is finally given us the opportunity to go,
00:18:42.283 --> 00:18:44.052
No, no, no, it is time
00:18:44.052 --> 00:18:46.621
And here's the perfect case to bring that up.
00:18:46.621 --> 00:18:48.690
So we're gonna do that.
00:18:48.690 --> 00:18:49.891
Let's go ahead and take a phone call.
00:18:49.891 --> 00:18:51.159
Cliff's calling from illinois online two.
00:18:51.159 --> 00:18:53.061
Cliff, go ahead.
00:18:53.061 --> 00:18:54.395
- [cliff] all right, great, you hear me?
00:18:55.263 --> 00:18:57.265
- i can't hear you. - all right, great.
00:18:57.265 --> 00:18:59.300
Let me get to it real quick here.
00:18:59.300 --> 00:19:01.202
Hey, i support the aclj, i'm a champ.
00:19:01.202 --> 00:19:03.905
And listen, you guys do the best.
00:19:03.905 --> 00:19:05.673
You keep us informed
00:19:05.673 --> 00:19:06.874
And you make sure that we understand
00:19:06.874 --> 00:19:08.543
What you're actually talking about.
00:19:08.543 --> 00:19:10.645
It must be the lawyer in you.
00:19:10.645 --> 00:19:13.247
So i support the aclj and i think you do a wonderful job.
00:19:13.247 --> 00:19:17.685
Now the purpose of my call is
00:19:17.685 --> 00:19:20.588
What's going on all around the world is terrible.
00:19:21.589 --> 00:19:24.392
But when the all around the world's worst
00:19:24.392 --> 00:19:27.161
Of the worst are coming to our country
00:19:27.161 --> 00:19:29.163
And taking it away from the american citizen,
00:19:29.163 --> 00:19:32.033
It is time to get focused on here and what the house
00:19:32.033 --> 00:19:35.903
And the senate need to do
00:19:35.903 --> 00:19:37.572
Instead of having the executive orders
00:19:37.572 --> 00:19:39.540
That donald trump is doing, they need to make laws,
00:19:39.540 --> 00:19:43.611
But we know that the democrats don't follow the laws
00:19:43.611 --> 00:19:46.314
'cause look what had already had happened.
00:19:46.314 --> 00:19:48.983
When they get in power, if they ever do again,
00:19:48.983 --> 00:19:51.853
It's gonna be lawlessness.
00:19:51.853 --> 00:19:54.021
And we don't need that in this country.
00:19:54.021 --> 00:19:56.391
- yeah, cliff. - so thank you very much.
00:19:56.391 --> 00:19:57.959
I think dershowitz and way you guys explained it was great
00:19:57.959 --> 00:20:01.362
And i really appreciate you guys and have a happy new year
00:20:01.362 --> 00:20:05.466
And let's go 2026 and donald trump all the way.
00:20:05.466 --> 00:20:09.203
Thank you.
00:20:09.203 --> 00:20:10.138
- cliff, thanks for calling.
00:20:10.138 --> 00:20:10.938
Yes, let's go 2026.
00:20:10.938 --> 00:20:12.240
We're almost there.
00:20:12.240 --> 00:20:13.641
I do wanna say thank you for being an aclj champion.
00:20:13.641 --> 00:20:15.576
I did not know you were a champion
00:20:15.576 --> 00:20:16.844
And know that if you telephone screener,
00:20:16.844 --> 00:20:17.945
I get to bump you up to the front.
00:20:17.945 --> 00:20:19.447
But you were actually one of the first calls we took.
00:20:19.447 --> 00:20:21.015
Even if it's been you were on hold for 30 minutes.
00:20:21.015 --> 00:20:23.217
I appreciate that and i appreciate the way you
00:20:23.217 --> 00:20:25.019
Explained how we explain.
00:20:25.019 --> 00:20:26.988
We have a very different show.
00:20:26.988 --> 00:20:29.223
Will and i have discussed this ad nauseum to decide,
00:20:29.223 --> 00:20:32.126
You know, what makes us different.
00:20:32.126 --> 00:20:33.828
And neither of us are lawyers,
00:20:33.828 --> 00:20:35.329
But we've been growing up around in our whole lives.
00:20:35.329 --> 00:20:37.131
Our family is, and we have access to the best legal minds
00:20:37.131 --> 00:20:41.502
In the world.
00:20:41.502 --> 00:20:44.439
However, what we're always able to do
00:20:45.239 --> 00:20:48.509
Is break down the truth and tell you how it is.
00:20:49.444 --> 00:20:52.513
And i always say this and i know it ruffles feathers
00:20:52.513 --> 00:20:54.749
Whether you like it or not.
00:20:54.749 --> 00:20:56.517
And like i said, with this dershowitz case
00:20:56.517 --> 00:20:59.687
Going after cnn,
00:20:59.687 --> 00:21:01.656
I've had to break some hearts over the years
00:21:01.656 --> 00:21:03.491
To tell them i'm sorry, that does not reach any level
00:21:03.491 --> 00:21:06.627
Of defamation that could be taken to court.
00:21:06.627 --> 00:21:09.263
They just have too much protections.
00:21:09.263 --> 00:21:11.566
Now there's something tangible,
00:21:11.566 --> 00:21:14.302
It's happening and we're involved in it
00:21:14.302 --> 00:21:16.771
And we can actually get something done.
00:21:16.771 --> 00:21:19.340
And that is where the aclj difference is.
00:21:19.340 --> 00:21:22.376
I wanna take another phone call.
00:21:22.376 --> 00:21:23.978
Let's go to jerry calling from the great state
00:21:23.978 --> 00:21:26.848
Of tennessee right here in our backyard.
00:21:26.848 --> 00:21:29.050
Jerry, go ahead.
00:21:29.050 --> 00:21:30.318
- [jerry] hey, thanks so much for taking my call.
00:21:31.252 --> 00:21:33.488
I just wanna say thank you to you guys.
00:21:33.488 --> 00:21:36.357
Been listening for years, you do a great work
00:21:36.357 --> 00:21:39.727
And in a time in history when this is very much needed.
00:21:39.727 --> 00:21:43.431
Yes, so many people have faced hardships over,
00:21:44.365 --> 00:21:49.136
Over being persecuted and all the things
00:21:49.136 --> 00:21:52.607
That you guys have been talking about today.
00:21:52.607 --> 00:21:54.575
So i'm glad you're standing for the rights
00:21:54.575 --> 00:21:57.245
Of the individuals out there.
00:21:57.245 --> 00:21:58.980
- jerry, thank you so much.
00:21:58.980 --> 00:22:00.314
I appreciate you listening for so many years.
00:22:00.314 --> 00:22:02.183
You know, this show has evolved over 30 years almost
00:22:02.183 --> 00:22:05.186
That we've been on the air, whether that was hosted
00:22:05.186 --> 00:22:06.787
By my dad and my mom, my dad and his co-host gene kapp
00:22:06.787 --> 00:22:12.059
Or whether that was, you know,
00:22:12.693 --> 00:22:13.995
Who's sadly passed away in the last few years.
00:22:13.995 --> 00:22:16.030
Whether that is been a version of this show
00:22:16.030 --> 00:22:18.866
That had panels on, whether that was a version
00:22:18.866 --> 00:22:21.869
With my brother with me now with will.
00:22:21.869 --> 00:22:24.739
We've all kind of moved around in different ways.
00:22:24.739 --> 00:22:27.074
And unlike any other show i can think
00:22:27.074 --> 00:22:29.310
Of other than maybe your like sunday morning shows,
00:22:29.310 --> 00:22:32.747
We've been able to seamlessly move
00:22:32.747 --> 00:22:34.181
And change as the time goes on
00:22:34.181 --> 00:22:35.950
And we really can adjust to what you guys want.
00:22:35.950 --> 00:22:38.953
And what i really love about our audience
00:22:39.820 --> 00:22:41.122
Is you've been willing to accept those changes.
00:22:41.122 --> 00:22:43.357
That doesn't happen that much.
00:22:43.357 --> 00:22:45.259
You know, this isn't a cover band playing the hits.
00:22:45.259 --> 00:22:48.529
We are constantly changing
00:22:48.529 --> 00:22:50.431
And adjusting to not only
00:22:50.431 --> 00:22:51.866
What you want but what we think is right.
00:22:51.866 --> 00:22:53.334
But the one thing that has stayed the same
00:22:53.334 --> 00:22:54.802
For the last 35 years, whether you used
00:22:54.802 --> 00:22:56.470
To call into the original show
00:22:56.470 --> 00:22:58.372
Because you needed legal advice
00:22:58.372 --> 00:23:00.641
Or whether you're up to now
00:23:00.641 --> 00:23:02.143
Where you're maybe getting your news coverage from us
00:23:02.143 --> 00:23:03.878
As well as finding out the work of the aclj
00:23:03.878 --> 00:23:06.247
And where those things converge.
00:23:06.247 --> 00:23:08.916
What i love about it,
00:23:09.417 --> 00:23:10.918
The one thing we've always done is told you the truth.
00:23:10.918 --> 00:23:14.121
We have always been there as your trusted source
00:23:14.121 --> 00:23:17.825
'cause i do not come on here
00:23:17.825 --> 00:23:19.594
And say things that are outlandish or ridiculous.
00:23:19.594 --> 00:23:22.396
I won't do it.
00:23:22.396 --> 00:23:23.497
I'm not here for the hype.
00:23:23.497 --> 00:23:24.832
I'm not here for it.
00:23:24.832 --> 00:23:26.100
I'm here to get the honest truth out to
00:23:26.100 --> 00:23:27.435
As many people as we can without a paywall.
00:23:27.435 --> 00:23:29.837
We had one call that came in, we lost it saying, you know,
00:23:29.837 --> 00:23:32.173
I just wanna see conservatives kinda rally
00:23:32.173 --> 00:23:34.609
Back up together.
00:23:34.609 --> 00:23:36.210
Well, you know how that happens.
00:23:36.210 --> 00:23:37.612
That happens when they stop playing for the cliques,
00:23:37.612 --> 00:23:39.413
They stop playing for the likes and the follows
00:23:39.413 --> 00:23:42.249
And they just go out there and they tell you the truth.
00:23:42.249 --> 00:23:44.952
And sometimes the truth is not fun,
00:23:44.952 --> 00:23:47.722
But we do it and we try to do it with a smile,
00:23:48.623 --> 00:23:50.524
Will and i.
00:23:50.524 --> 00:23:52.093
We try to do it and bring a little joy still to your life.
00:23:52.093 --> 00:23:54.328
But that's the media side here.
00:23:54.328 --> 00:23:56.097
What's the difference between us and everyone else
00:23:56.097 --> 00:23:58.466
Is we get the whole legal arm, the original aclj
00:23:58.466 --> 00:24:02.036
Before there was a radio show,
00:24:02.036 --> 00:24:03.838
There was the legal department
00:24:03.838 --> 00:24:05.139
And that department is just as important.
00:24:05.139 --> 00:24:07.308
We are, i always say whether the legal department wants
00:24:07.308 --> 00:24:09.710
To hear this or not, we're on equal footing here.
00:24:09.710 --> 00:24:11.846
The media, you know, gets the message out there
00:24:11.846 --> 00:24:14.048
And we're able to get them out,
00:24:14.048 --> 00:24:15.016
Get as much as we can out there.
00:24:15.016 --> 00:24:16.517
And of course the legal footing, those lawyers take it
00:24:16.517 --> 00:24:19.220
To court and they get a lot done.
00:24:19.220 --> 00:24:21.555
And i love that so much that we're able to be that sort
00:24:21.555 --> 00:24:24.258
Of two-pronged effort and really even so much more,
00:24:24.258 --> 00:24:27.261
Whether that's from our media side,
00:24:27.261 --> 00:24:28.429
Our movies or documentaries
00:24:28.429 --> 00:24:29.930
Or radio show podcasts, whatever it may be, youtube channel
00:24:29.930 --> 00:24:33.134
Or our legal cases, our legal scholarships,
00:24:33.134 --> 00:24:35.903
Everything that happens, books, all of it happens
00:24:35.903 --> 00:24:38.906
Because people like you support the work of the aclj
00:24:38.906 --> 00:24:42.510
And you're willing to be a part of the team.
00:24:43.444 --> 00:24:46.047
I want you to take a moment here,
00:24:46.047 --> 00:24:48.382
Look at the work the aclj has been doing.
00:24:48.382 --> 00:24:50.951
That is not a new topic for us.
00:24:51.585 --> 00:24:54.255
None of these are really, i mean that's the one thing
00:24:55.356 --> 00:24:57.024
That's crazy is a lot of the aclj work
00:24:57.024 --> 00:25:00.528
Is not a brand new topic.
00:25:00.528 --> 00:25:02.830
It's just now coming to the forefront.
00:25:03.631 --> 00:25:05.566
It is the work that we've been doing here at the aclj.
00:25:05.566 --> 00:25:08.402
Honestly, our work in europe, it has been 25 years
00:25:08.402 --> 00:25:11.872
Of yes, victories, 25 years of victories.
00:25:11.872 --> 00:25:15.810
But now we are seeing the fruits of that labor.
00:25:15.810 --> 00:25:18.512
We are seeing a real change happening in europe.
00:25:18.512 --> 00:25:21.749
And the aclj doesn't just exist within the borders
00:25:22.783 --> 00:25:24.652
Of america, though the majority
00:25:24.652 --> 00:25:25.920
Of our work is right here in the states.
00:25:25.920 --> 00:25:27.154
Of course we have the aclj jerusalem,
00:25:27.154 --> 00:25:30.758
We have the eclj.
00:25:31.192 --> 00:25:33.394
Like i said earlier, previously we had offices
00:25:33.394 --> 00:25:37.264
All over the world, including areas like russia.
00:25:37.264 --> 00:25:39.500
Unfortunately, we're not there right now,
00:25:39.500 --> 00:25:41.235
As you can imagine.
00:25:41.235 --> 00:25:42.069
Not allowed to be there.
00:25:42.069 --> 00:25:43.537
One day, i hope we can return.
00:25:44.171 --> 00:25:46.240
I hope we can return to a lot of these countries.
00:25:46.240 --> 00:25:47.775
I hope we can expand that.
00:25:47.775 --> 00:25:49.276
There are places, the aclj is hard at work
00:25:49.276 --> 00:25:51.178
That you would never know and you may never know
00:25:51.178 --> 00:25:54.281
And that's okay.
00:25:54.281 --> 00:25:55.549
It's not about, you know, the glory of that.
00:25:55.549 --> 00:25:56.550
It's about getting the work done
00:25:56.550 --> 00:25:58.152
(upbeat music)
00:25:58.152 --> 00:26:00.521
- [jordan] as always, let me thank everybody at tbn
00:26:00.521 --> 00:26:03.124
For providing this time to us at no cost so we
00:26:03.124 --> 00:26:05.993
Can update you on the most important issues of the day.
00:26:05.993 --> 00:26:08.696
From all of us at the aclj, thanks, tbn.
00:26:08.696 --> 00:26:10.965
(soft dramatic music)
00:26:10.965 --> 00:26:10.965

Sekulow - SCOTUS Case to Overturn CNN Defamation Shield

January 14, 2026 | 26:17

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