Zimmerman v. NBC – Motion to Dismiss


We Hold These Truths To Be Self-Evident

WARNING: This article contains images and words that some might find offensive.

Reading NBC’s motion to dismiss was fairly easy. Trying to make sense out of Zimmerman’s reply was not so easy.

NBC Universal has petitioned the court to dismiss Zimmerman’s lawsuit for four reasons;

(1) he has failed to comply with Florida’s retraction statute, which precludes his claims with respect to one of the five broadcasts he challenges;

(2) he is a public figure who cannot carry his burden of demonstrating, by the clear and convincing evidence required by the First Amendment, that any of NBC’s reports were broadcast with a high degree of awareness of their probable falsity, or, indeed, that they are false in any material respect;

(3) he cannot demonstrate that the NBC broadcasts caused the debilitating damages to his reputation and well-being that he claims are attributable to NBC; and

(4) he has, for these…

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