Trump’s $10 Billion BBC Lawsuit Survives as Judge Launches Withering Attack on Landmark Supreme Court Ruling

A federal judge issued a denial of the British Broadcasting Corporation’s bid to dismiss President Trump’s $10 billion defamation lawsuit, a victory for the president coming in the wake of Republican setbacks in the midterm election.Judge Jeffrey Kuntz, a Trump appointee, ruled on Tuesday that the case may proceed, though he cautioned, “Whether President Trump can prove these claims and establish he sustained damages at summary judgment or trial is left for another day.” Mr. Trump filed the suit in December of last year in the Southern District of Florida.The president alleges that the BBC “intentionally and maliciously sought to fully mislead its viewers” by “splicing together” two clips from the speech Mr. Trump delivered at the Ellipse on January 6, 2021. The effect of the edit, Mr. Trump contends, was to convey the impression that he had incited the riot at the Capitol. The BBC omitted the portion of the address in which Mr. Trump called for “peaceful” protest. The Beeb has characterized the edit as an “editorial error.”Mr. Trump took to Truth Social to call Judge Kuntz’s denial of the motion to dismiss “A Huge Victory against Fake News BBC, a terrible abuser of the truth.” The BBC lamented the decision in a statement, saying, “We are surprised by this decision but respect the Court’s authority and note the case will now proceed to the next stage.” The network added that “while the BBC sincerely regrets the manner in which the video clip was edited, we strongly disagree there is a basis for a defamation claim.” BBC Director-General Tim Davie and BBC News CEO Deborah Turness resigned in the wake of the controversy.Mr. Trump’s complaint accuses the BBC of “intentionally, maliciously and deceptively doctoring” the footage. Judge Kuntz allowed that claim to proceed, though he dismissed a separate claim Mr. Trump brought under the Deceptive and Unfair Trade Practices Act. That provision applies only to “commercial speech,” and Judge Kuntz determined that the BBC documentary, part of its “Panorama” series, did not qualify.Judge Kuntz appears sympathetic to Mr. Trump’s argument when he writes that the BBC’s edit “was not trimming around the edges but creating something different than what was stated in the speech.” He further observes that Mr. Trump “paints a picture that demonstrates the BBC has a record of allowing the publication of false statements in their portrayal of Trump.” The judge’s reasoning suggests that Mr. Trump has plausibly alleged the kind of conduct necessary to pursue a defamation claim under the demanding constitutional standard.That standard was established in 1964 in New York Times v. Sullivan. The Supreme Court determined that a public figure pursuing a defamation claim must demonstrate “actual malice” — meaning that the statement in question was not merely false, but was made with knowledge of its falsity or reckless disregard for whether it was true or false.“Here, the news entity created the story. BBC admitted as much by confirming it had edited a video to make it appear as though President Trump made a statement he never made,” Judge Kuntz writes.In a remarkable aside, Judge Kuntz adds, “It cannot be said that Sullivan is grounded in the original meaning of the Constitution, at least not in any meaningful sense.” He also concludes that the precedent is not “grounded in the history and tradition of the common law.” His criticism echoes objections to the landmark ruling voiced by Associate Justice Clarence Thomas. The Supreme Court, however, has yet to agree to revisit Sullivan.Judge Kuntz goes further, declaring that it is “logical that a public figure like the President of the United States should not be subjected to a heightened standard non-existent at the time of the Founding. Under Sullivan the chief executive of the world’s most powerful country could be subject to false and injurious statements without a remedy if he fails to satisfy a judge-made standard.”As a federal district judge, Judge Kuntz remains bound by Supreme Court precedent and cannot overturn Sullivan. Only the high court itself can topple its own precedents. While Judge Kuntz has now rejected the BBC’s motion to dismiss, other matters remain unresolved. Chief among them is whether Mr. Trump will testify in the case. United States Magistrate Judge Enjoliqué Lett has ordered the president to sit for a deposition by December 11. Mr. Trump insists that the demands of his office prevent him from testifying until January. He was originally scheduled to testify in October.Also unresolved is whether Special Counsel Jack Smith will testify. The prosecutor is willing, and the BBC is eager for him to tell his side of the story. Mr. Trump, however, has moved to block his participation, arguing that Smith “lacks any personal knowledge regarding the issues in this matter” and that his testimony would be “duplicative” of accounts he has already provided.

Trump’s $10 Billion BBC Lawsuit Survives as Judge Launches Withering Attack on Landmark Supreme Court Ruling

Trump’s $10 Billion BBC Lawsuit Survives as Judge Launches Withering Attack on Landmark Supreme Court Ruling

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