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trust has just announced that it failed to learn who is responsible for that unprecedented leak of the decision overturning roe v. wade last spring. that dropped opinion would ultimately be the opinion issued by the court in a highly polarizing decision to remove a constitutional right held for 50 years in america. from the "new york times" reporting on this developing story, quote, in a 20-page report, the court's martial said that investigators had conducted 126 formal interviews of employees all of whom had denied being the source of the leak. investigators found no forensic evide...

Here we are in a full blown trial. what makes this case so different? >> these cases do, laura, usually get dismissed, based on first amendment grounds. i think it's been, maybe even 50 years since "the new york times" has gone to trial. and so it really is unusual. there are a couple twists and turns in this case but you are absolutely right that mr. bennett was a very good witness today, very contrite, very straightforward. they made a mistake. and the first amendment protects that. it only imposes liability where a public figure sues where there's actual malice and there's no way ms. palin ...

A public figure sues where there's actual malice and there's no way ms. palin is going to prove that. >> on that notion of actual malice, it really makes you assume that the person has a higher standing than say the average person, if you're a public figure, there has to be actual malice shown because the assumption is you have thrust yourself into the public limelight and you don't have the same benefits of the everyday person. in terms of the malice standard, though, might this case present an opportunity for this to be revisited. we've got supreme court justices who've wanted to reassess th...

Than neutral reporters of the news. and the question is whether actual malice applies to a hot button figure like sarah palin. or, for that a matter, donald trump. are they simply reporting the news, or were they going after sarah palin? both justice the gore such and clarence thomas also in that 2021 decision, and clarence thomas earlier in 2019 said they would like to readdress -- address the question of actual malice. so i think the press really has gotten itself out on thin ice with this subject in the united states. paul: holman, you're a journalist who benefits from that malice standard....

Because the house between text and free speech and it opinions up against that malice standard which is so hard to overcome when you're dealing with the public figure. i want viewers to understand that there is a public figure definition in a limited public figure definition. that is the way that you hear defense will argue. or kyle rittenhouse as plaintiff will argue that he was limited. he did not voluntarily thrust himself into public conversation, it occurred because of national media exposure. finally, remove that do protect opinion. especially public controversies like these. there is an...