SEKULOW

Logan Sekulow: We have breaking news. The Supreme Court ordered CNN to respond to the ACLJ. Keeping you informed and engaged now more than ever, this is Sekulow. We want to hear from you. Share and post your comments or call 1-800-684-3110. And now your host, Logan Sekulow.

Welcome to Sekulow. We have a packed show today. Will is in the studio, and Jordan is in the studio. We have C.C. Heil joining us a little bit later. My dad is going to be calling us. It is going to be really jam-packed. If you want to be on the air, you can at 1-800-684-3110. We have breaking ACLJ news. Jordan, actually break it for us. Tell us what is happening here. This is, of course, in our connection with CNN and our Supreme Court case.

Jordan Sekulow: That is right. We have a case at the U.S. Supreme Court right now. We have asked the Supreme Court to take this case. This case is about *New York Times v. Sullivan*, which is defamation of public figures. You know the definition of public figures has certainly changed with social media. Basically, everybody can be a reporter. Everybody is putting videos up. So the definition of it versus the time when that case came out is very different.

The idea is that if you are considered a public figure, the news does not just have to make a misstatement or lie or get the facts wrong about you to file a lawsuit for defamation. You have to actually prove, as the person who was injured, that it was actual malice by the media organization, which is a very high standard. It is like they knew it was wrong, and they were doing it because they wanted to hurt you. That standard, of course, means you have to get into the minds of people.

The burden is on the person they lied about. The burden is not on CNN to show that it was not actual malice. Somehow, you, the public figure, have to show that there was actual malice, which means getting inside a newsroom and getting inside their heads and intent. As the world has changed and as the media has changed so rapidly with podcasts and all these issues, almost everybody could fall under the line of so many new people. If someone says horrendous things about you, you have no legal recourse if you cannot prove actual malice.

This case challenges that standard. This is what happened. When we filed, CNN waived their right to reply to our application for the court to take the case. That was because they were hoping the court would just take ours and then take it to conference and then likely not hear the case and throw it out. The Supreme Court yesterday gave CNN a deadline to reply. Even though they waived their reply, they are now being asked by the Supreme Court to reply to our brief, which means it is not 100% that the Supreme Court will take the case, but this is exactly what CNN did not want to have happen. Their strategy was to not even respond and let the court handle this. The court has now handled it by saying we want your response within a month.

Will: This is a good moment. Exactly. When you look at the decisions by the lower courts that got it up to this level, many of them ruled in favor of CNN because of the *New York Times v. Sullivan* reasoning. Even with judges at the appeals court level saying that under all standards, this is defamation, because of *New York Times v. Sullivan*, we cannot find that there was defamation here. Even the lower courts pushed it up to that Supreme Court question of whether the *New York Times v. Sullivan* standard is even still relevant in its form as it is. That is exactly why we are going to the Supreme Court with it.

Logan Sekulow: In the next segment, my dad, Jay Sekulow, is going to be joining us. I think he is going to break down a little bit more of this because you cannot imagine how many times I have been reached out to by one of those public figures who feel like their name is being dragged through the mud for things that they never did over and over again. Sadly, we have had to tell them there is really not much we can do because this is how the standard has been. This is the standard in America.

Well, we want to be a part of changing that. You can, too. Protect yourself, protect your friends and family. Go to ACLJ.org right now. We have a petition about it right there. Together, we can hold the mainstream media accountable for the lies, smears, and attacks for anyone. Not just the left, not just the right, not just conservatives and Christians, atheists, whoever. At this point, we know the rules need to be changed and they should be. Go to ACLJ.org and take action today. Get your name on that petition. We will be right back with Jay Sekulow.

The challenges facing Americans are substantial. At a time when our values, our freedoms, and our constitutional rights are under attack, it is more important than ever to stand with the American Center for Law and Justice. For decades now, the ACLJ has been on the front lines protecting your freedom, defending your rights in court, in Congress, and in the public arena. We have an exceptional track record of success.

But here is the bottom line. We could not do our work without your support. We remain committed to protecting your religious and constitutional freedom. That remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side. If you are already a member, thank you. If you are not, this is the perfect time to stand with us at ACLJ.org where you can learn more about our life-changing work. Become a member today at ACLJ.org.

Welcome to the all-new ACLJ app. Expert analysis and insight Big Tech cannot censor. Customize your news and get real-time alerts on the issues you care about. Advocacy is now at your fingertips. Take action, make a difference, support the causes you care about with just one tap. Be the first to know. Breaking news alerts sent straight to your inbox. Everything you need, all in one place. Stay informed, stay empowered. Download today.

We are so excited to announce the ACLJ's brand-new app, completely redesigned to provide you with the best tools available to partner with us at the ACLJ. You can watch the daily Sekulow program, sign the petitions, customize your ACLJ membership experience, donate with the click of a button, and receive up-to-the-minute critical updates that the mainstream media cannot censor. Just scan the QR code on your screen or go to your phone's app store, search ACLJ, and click install. It is that simple.

Welcome back to Sekulow. Our dad, Jay Sekulow, is joining us right now. This has been a big update. If you are just joining us on the broadcast, thank you for watching. Of course, the Supreme Court now is ordering CNN to respond and respond to our suit saying that at this point, what is considered a public figure when you have been told lies continually, proven lies, there needs to be some better standard of accountability. Dad, this is a big moment because CNN has been told you cannot just ignore this. You have to respond.

Jay Sekulow: It is interesting. CNN's strategy when we filed the cert petition was that you do not have to respond to a petition filed at the Supreme Court. It is not required. So they took the strategy of us filing our cert petition, which is a formal request, probably 80 pages of briefing, asking the Supreme Court to hear the case. Then the other side can file a response or they can waive a response. Here, they waived their response, thinking that was going to maybe be the end of the case.

We just got word late yesterday, and this is a huge development on a very strategic and important case. We got word yesterday that the Supreme Court of the United States has ordered CNN to file a response in writing by the end of March or middle of March. They have to file in about four to six weeks. The importance of this is then we will have the opportunity to respond again to CNN for the lies that they told about Professor Dershowitz.

Let me tell our ACLJ members and our ACLJ champions and those listening to the broadcast what this case is about. Alan Dershowitz, who is a Democrat, was one of our defense attorneys at the first impeachment trial of Donald Trump. He was one of my co-counsels. We brought him into the case. He handled specific constitutional issues, saying that there were no grounds to impeach the sitting President of the United States during that proceeding. He got a lot of flak from the left on that, as you can imagine.

What happened was CNN went on air as soon as he was done with his first presentation and misstated his main thesis of the case. In fact, they said he said the opposite. So under the *New York Times v. Sullivan* case, when you are dealing with a public figure, they basically had blanket immunity. They could say whatever they wanted. The standard that we would have to reach to prove defamation is very high. What is interesting here is one of the judges at the 11th Circuit Court of Appeals said that the only thing standing in the way from Professor Dershowitz and justice is this old 1964 Supreme Court case, which actually talked about public officials, like government officials. It did not even really talk about public figures.

Will: Alan Dershowitz was a law clerk for Justice Goldberg in writing a concurring opinion on that very case. It was taken way further than what that initial Supreme Court decision meant. So this is a chance to right a wrong and to reflect the media as it now is. Once again, this is obviously a completely different media landscape than it was when that original Supreme Court opinion was issued.

As it even shows, Professor Dershowitz was one of the people that helped craft the concurring opinion in that issue. I think also we cannot normally forecast or tell what the Supreme Court is going to do. It is very mysterious to the outside the way they hold their conferences and which cases they decide to take and which they decide not to. But it does seem that this is at least a good sign that there are justices interested in reviewing *New York Times v. Sullivan*. When we filed our cert petition and CNN decided we are not even going to bother replying, now the Supreme Court wants to hear what CNN has to say to defend itself.

Jay Sekulow: It is interesting because generally, when the strategy of not responding, which is what they initially did, was also to get a temperature read of whether the court is interested in this. For instance, we were set for a conference to vote on certiorari on Thursday, tomorrow. They were to vote tomorrow on the case whether they were going to hear it or not.

What happened here was CNN was hoping that there would be no order. It would go to conference and be denied. But instead, a number of justices of the Supreme Court said no, we want to hear what CNN has to say and then we will decide if we take it. So it is going to delay it until probably April, maybe even May. We will file another round of briefs in this, but this is a really significant case for accountability in the media and long overdue.

Logan Sekulow: When you go back to 1964 when this case came out and you look now at 2026, who is a public figure has changed so much. It is not just a handful of people who make it on three TV channels or are well-known in local news or newspapers. There are so many citizen journalists and podcasters and people in the media in all these different ways. It is not the same kind of control.

It makes it nearly impossible for anyone who has got any kind of name out there and following to bring a defamation case where someone has absolutely either lied about you or just recklessly disregarded, which means you do not care if it is a lie or not. To show that actual malice standard, you, the plaintiff, have to prove the intent of the defendant in this case. You have to show what was going on in their head or in their newsroom as they were putting the piece together. They do not have to defend it. You have to actually present it, which also makes it almost an impossible bar to overcome. In the changing media landscape, I think this is the perfect time for the Supreme Court to look at this to say this might not be the right standard anymore for 2026 and onward.

Jay Sekulow: I think that is exactly right. You had a dual burden here, which you do not have in any other kind of case. You had this dual burden where you had to meet the threshold of knowledge of falsity, and then the burden was on us to establish the issues rather than the defendant having to establish their defense. The fact that the Supreme Court said we want to hear from you on this is a big moment. It is a very positive development for justice here. Alan Dershowitz was wronged. We want to make it right. That is why we are stepping in and holding the media accountable. We get so many calls where people say we want to hold the media accountable. This is that case.

Logan Sekulow: We have two cases pending at the U.S. Supreme Court, one out of Calvary Chapel in California and those unbelievable fines of millions of dollars of fines the state of California wants to still levy against the Calvary Chapel church there. Of course, this case, both before the U.S. Supreme Court, the ACLJ is handling those. They are happening nearly simultaneously.

Jay Sekulow: They are. So we have got two major cases, one on religious liberty, one on the First Amendment. Some of the biggest cases we have handled. That situation in California where they are forcing the church to pay a fine on a policy that was later declared unconstitutional.

Logan Sekulow: I think we are losing the link. Let's still try to reconnect in just a moment. I think just to underscore to people, so we have got two up for consideration at the Supreme Court right now. Both involve speech. One involves religious liberty, but both are kind of First Amendment cases because of the free exercise of religion and free speech. We have got the defamation issue, too. Dad is back on. This is a very busy time at the ACLJ. That does not account for all the trials we have got going on at the district court level and, of course, the appeals court cases we have got going on, too.

Jay Sekulow: I want to encourage our ACLJ friends and members and especially our ACLJ champions. Support the work of the ACLJ. You have got two great examples here: the church case and the case against CNN. It happens because of your support to the ACLJ. Go to ACLJ.org and join our team.

Logan Sekulow: That is right. We have a petition right now, and we can hold the mainstream media accountable at ACLJ.org/sign. As Jordan said, so many of us have gone from what you would consider a radio personality to television personality to now anyone, really, can fit in that world of being a public figure as we are all on social media. This protects you as well.

There are many different ways that this could upend current settled law that has been a pain for all of us for many years. There are so many people who had rightful claims to this who have reached out to us over the years, and we have had to have that very sad and serious conversation with them saying that sadly there is nothing we can do because you are a public figure. The actual standard to get any kind of libel defamation was so high that essentially we knew you could just go out there and lie. It is a different court and it is a different day.

Will: When you look at a lot of the stories that are going on in the world right now, even with Don Lemon with the protections that he is trying to claim, the heightened protections because of being a journalist, it is something that for a long time the media has gotten an extra level of protection than what the First Amendment just affords to everyone else. So I think it is important that something like *New York Times v. Sullivan* be reexamined by the court. That is exactly what we are doing here.

Logan Sekulow: You can be a part of it today. You can join with us. Go to ACLJ.org. Again, take action, add your name to that petition. Look at all the incredible great content we have. Something a little bit different coming up in the next segment. C.C. Heil, one of our senior attorneys at the ACLJ, is going to be joining us talking to you about a new project that is going to be leading into the midterm elections and how you can get involved with that as well. Then later in the broadcast, we are going to keep breaking this down as well as take calls and comments. We are going to discuss a little bit about CBS and Stephen Colbert and that whole situation and get our take on that. We want to hear from you first, though. 1-800-684-3110. We will be right back.

Welcome to the all-new ACLJ app. Expert analysis and insight Big Tech cannot censor. Customize your news and get real-time alerts on the issues you care about. Advocacy is now at your fingertips. Take action, make a difference, support the causes you care about with just one tap. Be the first to know. Breaking news alerts sent straight to your inbox. Everything you need, all in one place. Stay informed, stay empowered. Download today.

We are so excited to announce the ACLJ's brand-new app, completely redesigned to provide you with the best tools available to partner with us at the ACLJ. You can watch the daily Sekulow program, sign the petitions, customize your ACLJ membership experience, donate with the click of a button, and receive up-to-the-minute critical updates that the mainstream media cannot censor. Just scan the QR code on your screen or go to your phone's app store, search ACLJ, and click install. It is that simple.

The challenges facing Americans are substantial. At a time when our values, our freedoms, and our constitutional rights are under attack, it is more important than ever to stand with the American Center for Law and Justice. For decades now, the ACLJ has been on the front lines protecting your freedom, defending your rights in court, in Congress, and in the public arena. We have an exceptional track record of success.

But here is the bottom line. We could not do our work without your support. We remain committed to protecting your religious and constitutional freedom. That remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side. If you are already a member, thank you. If you are not, this is the perfect time to stand with us at ACLJ.org where you can learn more about our life-changing work. Become a member today at ACLJ.org.

Welcome back to Sekulow. We are going to take your calls, so go ahead and get in line at 1-800-684-3110. We are going to be talking about a lot of different topics, of course, the Supreme Court ordering CNN to respond to the ACLJ. But I did want to take a detour here and talk a bit more about some really interesting things. We always try to provide different opportunities for you to get involved. C.C., this is a really different one. This is heading into the midterm elections, and some of our friends in the ACLJ are joining with them.

C.C. Heil: Right. Our listeners know that the ACLJ, we are fighters. We are in the fight, we are engaged, and we are taking action all the time. But we do not lose sight of the fact that our greatest tool that we have is prayer. So we have joined with the Nehemiah Alliance for a 52-day prayer initiative to basically pray for the protection and blessing of the Lord around our nation and to rebuild our walls. It follows Nehemiah, if you are familiar with that story.

The walls of Jerusalem were destroyed, and Nehemiah decided that had really left the city vulnerable for attacks from the enemy and really symbolized spiritual ruin. So he wanted to rebuild those walls and bring unity to the people and protection to those people. He did it in 52 days through prayer and fasting and the blessing of the Lord and the engagement of the people.

We believe it is the 250th anniversary, as you said, of our founding on Judeo-Christian values. We look around and we see that our walls really have crumbled. We need that unity, and we need that blessing, and we need that protection. So the Nehemiah Alliance follows 52 days of prayer. It is going to start on September 10th and it is going to go to November 1st, 52 days right before the critical midterm elections. Really, we are just saying to pray for your family, so right around your walls, your family, your community, your state, and your nation.

Then it is going to be a unified prayer that everybody prays together. That is really modeled after General Patton, who in World War II, we were losing the battle because of the rain. He could not get his troops on the ground, tanks moved, because the rain was crazy. So he had all of the soldiers, all of them, pray a unified prayer every single day. They prayed for the rain to stop and for victory. You know the story. The rain stopped and, of course, we had victory in World War II.

So that is the pattern. Everybody who signs up will be praying a unified prayer for 52 days. You sign up at NA52.org and you sign to really just be a part of the prayer team. Then you are going to fast. We ask you to fast, pray for the 52 days, fast for three days. That is after Esther. We repent of our sins like Daniel. Then on October 31st, gather at the National Mall as a unified people, as one nation under God.

Will: C.C., this is something obviously the ACLJ, as you mentioned, we are fighters, but we also are a Christian organization. We believe in the power of prayer. That is why we periodically have prayer guides that people can go through and be praying together. This whole concept of unified prayer is something that we firmly believe in here. This is a broader approach. It is not just with ACLJ. It is with the Nehemiah Alliance and many other great organizations that have joined onto this as well. Also, there is a move to get even Congressional recognition of this. I wanted you to speak to that because it is part of what we here at the ACLJ can do as well with our government affairs team in D.C., of getting this broader not just as a grassroots movement but also for people to recognize within the halls of Congress that this is important as well.

C.C. Heil: Yes. That was one of the things, it was governmental blessing that Nehemiah did this. So that was a critical point of this. The ACLJ was absolutely critical in getting our first Congressional commendation. That is from Senator Blackburn right here in Tennessee. She did a commendation for the Nehemiah Alliance and got it entered into the Congressional Record. There are more coming from Congress that our governmental affairs team is working on. There will be more coming from governors from a lot of the states, from state legislators. So we really want to encourage state governments to get involved, state leaders to step up. We definitely have the blessing of our government and hopefully we will have the blessing of President Trump as well.

Logan Sekulow: I think this is a great thing for our organization to get involved in and also you individually. Of course, today we thought it would be good to bring it up. This is still months away until it begins, but today, of course, for a lot of our listeners and viewers, is Ash Wednesday. This is the beginning of the season of Lent season heading, of course, to Easter. So we wanted to give you an opportunity to know there will be something similar in some ways where we will be able to join in group prayer just in a few months leading in, like I said, those midterm elections. Of course, it is not only the 250th. It will be the 25th anniversary of September 11th, which is when this kicks off on the evening of September 10th.

A lot of people's minds and hearts will be on America during the next few months. We want to give you an opportunity to get involved with this. Again, it is at NA52.org. Sign up today, and then you will be reminded as time goes on from the organization about what they are doing there. Like Will said, it is always good with the ACLJ to show you not only how we can get involved on the big level, the Supreme Court, but of course how you can get involved. We encourage you to sign the petitions and do all those things. But really, to join like-minded people in prayer in this moment, it is a great, easy way also. It's something you can share with your friends and say this is something we should get involved in.

C.C. Heil: Right. If you sign up today, I know again it does not start until September 10th, but if you sign up today, you get the prayer today. You could start praying that prayer today. There are other things on the website like Sonicflood has their Mayday song, which was written for the National Day of Prayer. So that is the theme song for this. Second Chronicles 7:14. So there are kind of special things that you are going to get, videos that you are going to get, different things that you will get if you sign up today and you will be involved throughout the whole process.

Logan Sekulow: Of course, a good plug for Sonicflood. I had to. Of course we had to. For those who do not know, I do not think we have ever said this. C.C.'s husband, Rick, is the lead singer of Sonicflood and has been doing that for decades. Legendary Christian band and great worship music. So if you are looking for somewhere to turn, we always like to say there are always trusted sources. Definitely Rick and Sonicflood is one of those. So you will get involved. It is sort of a family affair here at the Nehemiah Alliance event, as we are all coming together for this. I do think it is a great moment. It is a great time to get together. I am sure if there are things like you are going to be invited to gather on October 31st, if you cannot, that is obviously not going to disqualify you from praying with all of us.

Will: There is also a virtual component of that that you can be a part of and still pray with the group.

Logan Sekulow: I just wanted to make sure people know this. It is also a good reminder because in midterm elections, it is all about turnout. Turnout numbers are much lower than presidential elections. You're talking 70% lower. These kind of reminders, the prayer is serious, but it is also a reminder for those engaged in the prayer to be talking about it with their friends and family and those at their church to make sure they know where they should go vote or if they are going to be out of town, to request an early voting or an absentee ballot. Because this midterm election will determine the rest of the Trump presidency for history. The success or failure of the final two years will be determined by what they can get done, what kind of Supreme Court nominees, if there is a vacancy, make it to the Supreme Court, will be determined by this midterm election. You have 35 Senate seats up and every House seat up.

We know where things are trending right now. It is interesting. Both the Democrat and Republican Party are in a tough spot right now. So it could go either way. It is still too far away, but right now we just need to be reminding people, "Hey, do not forget about this. This is coming up sooner than you think." Once you get past the summer.

That is the segment. We are going to discuss that even more in the second half-hour of the show. If you do not get us on your local station, find us broadcasting live on ACLJ.org. However you get your podcast, however you get your broadcast, we are there. Whether it is on the Salem News Channel, whether it is on YouTube, however you get your content, the ACLJ is there. Find us live every day, 12:00 to 1:00 p.m. Eastern Time, and of course archived again wherever you get your podcast and at ACLJ.org.

For decades now, the ACLJ has been on the front lines protecting your freedom, defending your rights in court, in Congress, and in the public arena. The American Center for Law and Justice is on your side. If you are already a member, thank you. If you are not, this is the perfect time to stand with us at ACLJ.org where you can learn more about our life-changing work. Become a member today at ACLJ.org.