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The Dershow

Does the First Amendment protect Alex Jone's fake news?

The Dershow

Alan Dershowitz | Kast Media

News, Politics

4.41.9K Ratings

🗓️ 9 August 2022

⏱️ 31 minutes

🧾️ Download transcript

Summary

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Transcript

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0:00.0

Welcome back to the Dershow. A lot has happened since the last time we spoke, including

0:08.8

my cap and my tooth again falling out. So, sorry if I look like somebody who shouldn't

0:15.6

be on television, I'm sorry, I'm trying to get it fixed. In any event, today we're going

0:19.9

to talk about the Alex Jones case. We're going to analyze the First Amendment, punitive

0:25.7

damages, compensatory damages, malice, all of the issues that are floating around.

0:32.7

Let me start with what is protected. Alex Jones could have said that Sandy Hook never

0:41.7

happened. It was a figment of the imagination. It was just created by the media, just like

0:47.2

people have said that men didn't land on the moon, NASA created a film with men landing

0:53.2

on the moon. But let me tell you what you can't say. When you say that it's fake that

0:58.4

men landed on the moon, you can't then say that Neil Armstrong is a liar for claiming

1:04.6

that he set foot on the moon. That turns a general statement about events into a defamatory

1:11.4

statement about a person. And the same thing was true with Sandy Hook. He could have made

1:17.8

broad allegations about conspiracies, all of that. But once he began to focus on specific

1:24.8

parents, that's what became defamation. Now, interestingly enough, under the law of

1:31.6

most jurisdictions, you can't defame anybody who's no longer alive. And once a person dies

1:41.0

in general, they lose their right to bring a defamation case. That's why some people

1:46.3

on the opposite side of my case have essentially said, look, we can't beat Dershowitz in court,

1:52.8

but maybe we can outlive him. And so there have been all kinds of efforts to postpone

1:58.2

delay and try to outlive me. But that's the law in most jurisdictions. You can then

2:04.1

sue for other things, emotional distress, even when somebody's not alive. But the actual

2:10.4

tort of defamation generally ends with the death of the individual. It's an absurd rule.

2:17.8

Shakespeare said, you know, nothing is more important than reputation. And people care

...

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