Does the First Amendment protect Alex Jone's fake news?
The Dershow
Alan Dershowitz | Kast Media
4.4 • 1.9K Ratings
🗓️ 9 August 2022
⏱️ 31 minutes
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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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