By GARY D. ROBERTSON Associated Press
RALEIGH, N.C. (AP) — CNN wants a court to dismiss a defamation lawsuit filed by North Carolina Republican Lt. Gov. Mark Robinson that attacks its report that he made explicit posts on a pornography website’s message board. The network says Robinson presented no evidence that the network believed its story was false or aired it recklessly.
The September report says Robinson, who ran unsuccessfully for governor this month, left statements over a decade ago on the message board in which, in part, he referred to himself as a “black NAZI” and said he enjoyed transgender pornography. The report also says he preferred Adolf Hitler to then-President Barack Obama and slammed the Rev. Martin Luther King Jr. as “worse than a maggot.”
Robinson, who was seeking to become the state’s first Black governor, said he didn’t write those posts and sued in October, just before early in-person voting was to begin.
While filing a dismissal motion Thursday in Raleigh federal court, attorneys for CNN said Robinson’s arguments suggesting he was the likely victim of a computer hacking operation that created fake messages would require a series of events that is not just “implausible, it is ridiculous.”
Generally speaking, a public official claiming defamation must show a defendant knew a statement it made was false or did so with reckless disregard for the truth.
“Robinson did not and cannot plausibly allege facts that show that CNN published the Article with actual malice,” attorney Mark Nebrig wrote in a memo backing the dismissal motion, adding that the lawsuit “does not include a single allegation demonstrating that CNN doubted the veracity of its reporting.”
For Robinson, who already had a history of inflammatory comments about topics like abortion and LGBTQ+ rights, the CNN story nearly led to the collapse of his campaign. After the report’s airing, most of his top campaign staff quit, advertising from the Republican Governors Association stopped and fellow Republicans distanced themselves from him, including President-elect Donald Trump.
Robinson lost to Democratic Attorney General Josh Stein by nearly 15 points and will leave office at year-end.
Robinson’s lawsuit was initially filed in state court. It says, in part, that CNN chose to run its report based on data from the website NudeAfrica, which had been hacked several years ago and ran on vulnerable, outdated software. His suit claims the network did nothing to verify the posts. He’s seeking monetary damages.
Thursday’s memo highlights the network’s story, including a section where the CNN journalists showed how they connected Robinson to a username on the NudeAfrica site.
As the CNN story said previously, the memo says the network matched details of the account on the message board to other online accounts held by Robinson by comparing usernames, an email address and his full name. The details discussed by the account holder matched Robinson’s length of marriage, where he lived at the time, and that both Robinson and the account holder had mothers who worked at a historically Black university, the memo says. CNN also said it found matches of figures of speech used by both the NudeAfrica account holder and in Robinson’s social media posts.
“This is hardly a case where, as Robinson alleges, CNN ‘disregarded or deliberately avoided the truth’ rather than investigate,” Nebrig said, adding later that the network “had no reason to seriously doubt that Robinson was the author” of the posts.
Robinson’s attorneys didn’t immediately respond to an email Friday seeking comment. The lawsuit says anyone could have used Robinson’s breached data to create accounts on the internet.
His state lawsuit also sued Louis Love Money, a former porn shop worker who alleged in a music video and a media interview that for several years starting in the 1990s, Robinson frequented a porn shop where Money was working and that Robinson purchased porn videos from him. Robinson said that was untrue.
Money filed his own dismissal motion in the state lawsuit. But since then, CNN moved the lawsuit to federal court, saying that it’s the proper venue for a North Carolina resident like Robinson and a Georgia-based company like CNN and that the claims against Money are unrelated.