In a notable legal development, the 11th Circuit Court of Appeals in Georgia has permitted Project Veritas's defamation lawsuit against CNN to continue, overturning a prior dismissal by a lower court.

The court found that CNN's portrayal of Project Veritas's Twitter suspension could be considered defamatory and potentially made with actual malice, as the Post Millennial reports.

The legal battle began in 2021 after Twitter suspended Project Veritas’s account on Feb. 11. CNN anchor Ana Cabrera reported four days later that the suspension was due to the group's practice of "promoting misinformation."

However, Project Veritas claimed the real reason behind the suspension was a violation of Twitter's policy against publishing private information, commonly referred to as "doxxing."

Reasons for Suspension in Dispute

James O'Keefe, founder of Project Veritas, argued that the suspension stemmed from an incident involving a Project Veritas journalist who filmed outside the home of a Facebook executive.

The video showed identifiable details of the residence, such as an unblurred lamp post number.

O'Keefe pointed out a similarity with CNN’s reporting practices, referencing a past instance in which CNN’s Drew Griffin conducted a report at a Florida mobile home park, similarly without blurring visible addresses.

When CNN refused to retract Cabrera’s statements, Project Veritas initiated a defamation suit.

In 2022, a federal judge sided with CNN, dismissing the case by suggesting that the difference reputational impact between reasons given for the Twitter ban was negligible.

However, the 11th Circuit reversed this decision, arguing that the lower court failed in its duties by not focusing on whether Cabrera's comments were substantively true.

Judgements And Opinions

Judge Elizabeth Branch noted, “We conclude that Cabrera’s February 15 statements are actionable because they were not substantially true.” The court emphasized that this case had been mishandled initially by prioritizing reputational damage over assessing the truth of the statements involved.

Judge Ed Carnes, expressing his concerns, remarked, “If you stay on the bench long enough, you see a lot of things. Still, I never thought I'd see a major news organization downplaying the importance of telling the truth in its broadcasts.” He criticized CNN’s defense for suggesting that promoting misinformation is on par with revealing personal addresses.

Despite this court victory, O’Keefe recalled that Project Veritas had terminated his employment, citing financial and strategic disagreements, even as they celebrated the legal win in a case he initiated. “Project Veritas Corporation fires me... in part for doing the very thing that Project Veritas is now taking a victory lap over,” he reflected on his departure.

Ongoing Legal Challenges And Tensions

Despite this legal turn in favor of Project Veritas, O’Keefe faces ongoing legal controversies. He asserted that the organization is continuing legal actions against him with plans to take existing conflicts to a trial by jury, maintaining, “We intend to go to jury verdict in that lawsuit.”

The court's decision to remand the defamation case back to a lower district court signals potentially prolonged legal proceedings. This situation further highlights the tensions between O'Keefe and the entity he once led, amidst broader debates over media practices and truthfulness in reporting.

With this legal door reopened, the case will proceed with further examinations at the district court level. The direction of the proceedings remains uncertain but will likely draw significant media attention given the parties involved.

Future Steps for Project Veritas, O'Keefe

As the defamation case develops, both Project Veritas and CNN face potential reputational ramifications depending on the eventual outcomes of the court’s decisions.

This scenario underscores ongoing discussions about journalistic integrity, the responsibilities of news organizations, and the broader implications of social media policies.