Judicial proceedings are set to continue in a case involving Navy veteran Zachary Young, who says cable network CNN defamed him in a 2021 report regarding the evacuation of Afghan families. Young, along with his enterprise Nemex, filed a lawsuit against the network after a segment suggested he charged excessive fees without guaranteeing safety or success during Joe Biden’s bungled withdrawal from Afghanistan. The broadcast displayed Young’s image alongside a caption mentioning “black markets” and high charges.
Judge William Henry of Florida recently determined that the case must go to trial, emphasizing that a jury needs to decide whether the term “black market” was intended to imply illegal activities by Young. According to his judgment, there is enough evidence suggesting CNN might have known the claims were false or acted recklessly.
Henry asserted that the trial could explore whether CNN acted with “actual malice,” particularly through the use of the phrase “black market,” which could lead to punitive damages.
The network offered no comment, but CNN aired a clarification on March 25, 2022, in which anchor Jake Tapper acknowledged an error in terminology and apologized to Young during a segment of his show, The Lead.
Some references used in the broadcast, such as terms like “exorbitant” and “exploit,” were deemed opinions by Judge Henry and thus not actionable. Moreover, the court concluded that Nemex Enterprises was not directly implicated as it was not mentioned in the report.