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(The Epoch Times)—Project Veritas’s lawsuit accusing CNN of publicizing a false statement that Twitter banned Project Veritas for spreading misinformation has been revived, with an appeals court ruling the nonprofit journalism group has plausibly alleged defamation.
Twitter in 2021 banned Project Veritas for sharing private information without consent after the group posted a video showing the residence of a Facebook official. Ana Cabrera, a CNN employee, shared the development on Twitter. A CNN article written by Brian Fung also detailed what had transpired.
Four days later, on a CNN program, Cabrera said that “We’re starting to see companies cracking down to try to stop the spread of misinformation and to hold some people who are spreading it accountable.” She noted the ban on Project Veritas before saying “this is part of a much broader crackdown, as we mentioned, by social media giants that are promoting misinformation.”
A U.S. district judge in 2022 turned away a suit brought by Project Veritas over the comments and CNN’s failure to retract them. He said the remarks were substantially true because their effect on the audience was similar to the effect that would have come if CNN had discussed the actual reason Twitter banned Project Veritas.
The distinction between the purported and actual reasons “is not enough to make the statement at issue actionable as both violations are similarly damaging to the journalist’s reputation,” according to that ruling.
The U.S. Court of Appeals for the Eleventh Circuit ruled on Nov. 7 that the previous decision was wrong,
“Cabrera accused Veritas of substantially different behavior than that in which Veritas engaged. Under New York law, such a statement is not substantially true,” U.S. Circuit Judge Elizabeth L. Branch wrote for the unanimous three-judge panel that was assigned the case. “Veritas committed one infraction; CNN accused it of a completely different one.”
Project Veritas has offered sufficient evidence to overcome CNN’s motion to dismiss the case at this stage, Branch said, when the allegations in the complaint are taken as true.
The district court did not decide whether Cabrera’s remarks were done with actual malice, a requirement for state defamation claims under court interpretations of the U.S. Constitution’s First Amendment.
Cabrera’s social media post and Fung’s article show that Cabrera was aware her statements on-air were probably false, the panel said.
Judges Andrew Brasher and Ed Carnes joined in the ruling.
Carnes said in a concurring opinion that “I never thought I’d see a major news organization downplaying the importance of telling the truth in its broadcast” and noted that CNN outside the case repeatedly emphasizes its dedication to truth. Its mission statement, for instance, says that “we are truth-seekers and story tellers.”
The decision reversed the lower court ruling and remanded the case back to the court for proceedings consistent with the new decision.
A lawyer representing CNN did not respond to a request for comment by publication time.
Most Accurate Pollster From 2020 Drops Final Numbers
by JD Rucker
Atlas Intel, which was hands down the most accurate public poll during the 2020 election, just dropped its final poll of the season. It points to landslide victory for Donald Trump. If Kamala Harris is able to win Minnesota and Virginia, two blue states that are in jeopardy of being…
A Kamala Harris Victory Means Green New Deal Lawfare
by Daily Signal
Expect Kamala Harris’ Justice Department to wage Green New Deal lawfare if she is elected president on Nov. 5. As with every last issue pertaining to this election, Harris has not said much about the substance of her climate policy. But a review of her record suggests she’d be amenable…
The Moral and Spiritual Issues That Demand Our Votes
by Harbingers Daily
As a pastor and a preacher, I want to urge all Christians this election season: Get out and vote. I believe it is our duty as citizens of our state and country, but I also believe it’s especially important given the issues represented in this election. Many of these are…
No Matter the Final Vote, This Election’s Biggest Loser May Be the Legacy News Media
by Just The News
In the sultry days of summer 2020 as Donald Trump contemplated a second term, his aides engaged in a quiet conversation with members of the emerging digital media about an audacious idea. The goal was to bypass the traditional news media who monopolized the White House Correspondents Association press room…
Democrats Unveil Dark, Diabolical Plans to Prevent Trump From Retaking White House – Even if He Wins!
by WND
With results from the 2024 presidential election now imminent, Democrats have been vocal in their plans to subvert the will of the American people and prevent former President Donald Trump from retaking the White House if he pulls out a win over his Democratic rival Vice President Kamala Harris. In…
Trump Doesn’t Rule Out Banning Certain Vaccines if He Wins Election
by The Epoch Times
Former President Donald Trump in a new interview did not rule out banning some vaccines if he wins the upcoming election. “Well, I’m going to talk to him and talk to other people, and I’ll make a decision,” Trump told NBC over the weekend when asked if banning vaccines would…
Trump, Republicans Pin Hopes on Record Early Voting in North Carolina
by Jeff Louderback, The Epoch Times
(The Epoch Times)—In his final North Carolina rally of the 2024 campaign, former President Donald Trump predicted he would win the state where he prevailed in 2016 and 2020. “North Carolina’s reliable for me,” Trump said at Dorton Arena in Raleigh, the first of four stops on Election Day Eve….
If Godly People Don’t Vote, Godless People Will: The Christian Case for Voting
by The Blaze
Do Christians have a spiritual responsibility to vote? Allie Beth Stuckey of “Relatable” and the senior pastor of Lakepointe Church, Josh Howerton, believe the answer to that question is a resounding “yes.” “I’ll gently venture out on a limb,” Howerton tells Stuckey. “I think Christians have a spiritual responsibility to…
Here’s Proof the FBI Protected Biden in 2020, and Why Congress is More Important Than the White House
by PJ Media
You won’t find it reported on the A-section pages of the New York Times or the Washington Post even though it is quite likely the most significant report produced by any investigative committee in Congress since the Church Committee in 1976. For those who need a refresher, the investigative committee…
The Media Made Sure This Election Was Never Going to Be Free or Fair
by The Federalist
The corrupt news media lied to voters on behalf of Democrats over and over ensuring an unfair election. How can we ever return to normal? It’s truly awe-inspiring to watch the news media berate Republicans, down to the very end, over the “free and fair” election we’re most certainly not…
“It’s Not Going to Be Close”: Mark Halperin Says One Key Voter Group Will Decide the Election
by Harold Hutchison, Daily Caller News Foundation
(DCNF)—Journalist Mark Halperin said on Monday that the turnout of women would decide the presidential election between former President Donald Trump and Vice President Kamala Harris. Trump leads Harris by 0.1% in a head-to-head matchup, according to the RealClearPolling average of polls from Oct. 11 to Nov. 3, with Trump’s…
It Was the Night Before the Election, and Everyone Was Freaking Out
by Michael Snyder
(End of the American Dream)—I have never seen so much doubt, worry, anxiety, fear and panic as we approach a presidential election. All over the country, people are freaking out right now. Democrats are freaking out because the early voting numbers are so dramatically different from 2020. Republicans are freaking…
