SUING CNN

I love the First Amendment, I support the First Amendment, I have litigated cases defending the First Amendment. I have written and taught about the First Amendment. And I was a law clerk for the Supreme Court when it rendered its landmark 1964 decision in New York Times v. Sullivan, which "protects media even when they print false statements about public figures, as long as the media did not act with 'actual malice.'"

But I also understand the limitations of the First Amendment. Freedom of speech is designed to promote the marketplace of ideas. It is not a license for giant media companies to deliberately and maliciously defame citizens, even public figures. So when CNN made a decision to doctor a recording so as to deceive its viewers into believing that I said exactly the opposite of what I actually said, that action was not protected by the First Amendment. Here is what CNN did.