Dershowitz Petitions Supreme Court to Overturn Landmark 1964 Defamation Ruling

Harvard law professor seeks to challenge New York Times v. Sullivan, which has shielded media from libel suits by public figures

Published on Feb. 27, 2026

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Harvard Law School professor emeritus Alan Dershowitz has filed a petition with the Supreme Court asking it to reconsider the landmark 1964 decision in New York Times Co. v. Sullivan, which made it nearly impossible for public figures to win defamation suits against media organizations. Dershowitz alleges that CNN knowingly distorted his statements during the Trump impeachment proceedings, and is seeking to overturn or limit the "actual malice" standard established by the Sullivan ruling.

Why it matters

The Sullivan decision has been a cornerstone of press freedom for over 50 years, protecting media outlets from libel suits by public figures. However, critics argue that the standard has become a shield that allows the press to avoid accountability for publishing false information. Dershowitz's petition challenges the continued relevance of Sullivan in the digital age, where the public has greater access to original source material and can more easily verify media reports.

The details

Dershowitz's attorneys allege that during the Trump impeachment proceedings, CNN's commentators misrepresented his statements about the criteria for impeachable offenses, despite the network having access to the full video and transcript. They argue that this is the kind of conduct the "actual malice" standard was never intended to protect, and that the standard has become outdated in the internet age.

  • On January 29, 2020, Dershowitz appeared on the Senate floor as counsel for President Trump during impeachment proceedings.
  • On February 20, 2026, the Supreme Court ordered CNN to respond to Dershowitz's petition for a writ of certiorari.

The players

Alan Dershowitz

A Harvard Law School professor emeritus who served as counsel for President Trump during the 2020 impeachment proceedings.

CNN

A major cable news network that Dershowitz alleges misrepresented his statements during the Trump impeachment.

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What they’re saying

“Though CNN indisputably possessed the complete video and transcript of his statement, ... its commentators systematically disregarded the qualifying language that gave Dershowitz's statement its true meaning, attributing to him a position he had expressly rejected: that presidents could engage in any conduct whatsoever, including bribery and extortion, without committing an impeachable offense.”

— Dershowitz's legal team (conservativeinstitute.org)

What’s next

The Supreme Court has not yet decided whether it will hear Dershowitz's case, but the fact that it has ordered CNN to respond suggests at least some interest in revisiting the Sullivan decision.

The takeaway

Dershowitz's petition challenges the continued relevance of the Sullivan standard in the digital age, where the public has greater access to original source material and can more easily verify media reports. The case raises broader questions about media accountability and the balance between press freedom and the ability of public figures to seek redress for defamation.