By In a major legal milestone, Navy veteran Zachary Young has secured critical rulings in his defamation lawsuit against CNN and anchor Jake Tapper. These rulings allow the jury to consider punitive damages and admit expert testimony on damages, marking a significant setback for the network. The lawsuit revolves around claims that CNN’s reporting falsely portrayed Young’s role in evacuating people from Afghanistan, tarnishing his reputation.
The defamation claims arise from a November 2021 broadcast on The Lead with Jake Tapper, which accused private operators, including Young, of exploiting Afghan evacuees by charging exorbitant fees. Young has alleged that these accusations were false and severely harmed his reputation and livelihood. Adding to the strength of Young’s case, the court approved his retention of an expert witness on economic damages. Combined with the possibility of punitive damages, the financial stakes for CNN are substantial.
The court’s rulings exempt Young from being classified as a public figure, a determination that spares him the higher burden of proof required under the landmark New York Times v. Sullivan case.
As a private individual, Young is not obligated to prove actual malice—the knowledge of falsehood or reckless disregard for the truth—although the court found ample evidence to support such a claim. Notably, internal CNN communications presented in court included a correspondent stating an intention to “nail” Young and referring to the story as his “funeral.” These messages, coupled with the limited opportunity Young had to respond before the segment aired, reinforced the claim of actual malice and could have disastrous results for the liberal network.
Fox News explained that Judge William Henry denied CNN’s motion for summary judgment, allowing Young to “proceed with his claim for punitive damages” and declaring the court found he “did not take money from Afghans.”
“Despite claiming it did ‘three weeks of newsgathering’ and ‘spoke with more than a dozen sources,’ Defendant’s representatives acknowledged it had no evidence that Young did anything criminal or illegal. Yet, Defendant used the Black Market Chyron. This is sufficient evidence upon which a reasonable jury could find with convincing clarity that Defendant acted with actual malice to survive summary judgment on this issue,” Judge Henry ruled in court documents obtained by Fox News Digital.
“Defendant had no evidence of illegality and Young said he was not contracting with or taking money from individuals. Despite this, Defendant published his name and photograph as the poster child bad actor preying on Afghans,” he continued. “Accordingly, the record evidence could support a conclusion that Defendant aired and posted the Pieces knowing the gist was false or with reckless disregard as to whether the gist was false or not.”
To make things even stranger, Fox continued, “CNN’s legal team had argued that Young’s actions violated the Taliban’s Sharia law, but Judge Henry slapped down the notion he violated a law.
‘Framing these circumstances as a ‘debate’ between the Taliban rulers and the rest of the free world would be akin to saying it was debatable whether the Nazi extermination of the Jews at Auschwitz was wrong,’ Judge Henry wrote.”
One pivotal decision in the case allows the jury to consider punitive damages. This undermines CNN’s argument that Jake Tapper’s March 2022 on-air correction mitigated liability, according to legal expert Jonathan Turley. The court ruled that the correction did not meet Florida’s standards for a “full and fair” retraction. Tapper’s correction aired solely on his show, without being featured alongside online or social media versions of the original report. Furthermore, it was framed as a correction rather than a retraction. The court deemed this lack of comprehensive follow-through as potential evidence of continued malice.
CNN has been grappling with falling ratings and financial difficulties, hoping that a new face for the news channel could save it from total collapse. The threat of a costly judgment compounds its challenges.
Cable news outlets have come under fire over the past few years for reporting things wrongly. In 2023, Dominion Voting Machines a huge sum from Fox News over its coverage of the 2020 election.
In 2020, The Washington Post settled a lawsuit from Kentucky teenager Nick Sandmann after the newspaper “vilified” him over a confrontation with a Native American activist during an anti-abortion rally.
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