Jake Tapper and CNN Lose Major Motions in Defamation Case by Navy Veteran

“…In a pair of orders, the jury will be allowed to award punitive damages and his experts would be allowed to be heard by the jury on the damages in the case. It also found that the Navy veteran was not a public figure and thus is not subject to the higher standard of proof associated with that status.

The punitive damages decision is particularly interesting legally. It could prove financially onerous for the struggling network, which has plunging ratings and has reduced staff.

The court found that CNN’s “retraction” was insufficient to remove punitive damages from the table. In my torts class, we discuss retraction statutes and the requirements of time and clarity. I specifically discussed the CNN case.

The report at the heart of the case aired on a Nov. 11, 2021 segment on CNN’s “The Lead with Jake Tapper” and was shared on social media and (a different version) on CNN’s website. In the segment, Tapper tells his audience ominously how CNN correspondent Alex Marquardt discovered “Afghans trying to get out of the country face a black market full of promises, demands of exorbitant fees, and no guarantee of safety or success.”

Marquardt piled on in the segment, claiming that “desperate Afghans are being exploited” and need to pay “exorbitant, often impossible amounts” to flee the country. He then named Young and his company as an example of that startling claim.

The damages in the case could be massive but Young was facing the higher New York Times v. Sullivan standard of “actual malice,” requiring a showing of knowing falsehood or a reckless disregard of the truth. Judge Roberts previously found that “Young sufficiently proffered evidence of actual malice, express malice, and a level of conduct outrageous enough to open the door for him to seek punitive damages.”

The evidence included messages from Marquardt that he wanted to “nail this Zachary Young mfucker” and thought the story would be Young’s “funeral.” After promising to “nail” Young, CNN editor Matthew Philips responded: “gonna hold you to that cowboy!” Likewise, CNN senior editor Fuzz Hogan described Young as “a shit.”

As is often done by media, CNN allegedly gave Young only two hours to respond before the story ran. It is a typical ploy of the press to claim that they waited for a response while giving the target the smallest possible window.

In this case, Young was able to respond in the short time and Marquardt messaged a colleague, “fucking Young just texted.”

That record supports a showing of actual malice…”