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WATCH: Project Veritas' James O'Keefe breaks down ongoing defamation lawsuit against The New York Times

The New York Times is appealing the New York Supreme Court's order and argued in their appellate brief that the lower court's decision was "an extraordinary prior restraint" and violated the First Amendment.

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Katie Daviscourt Seattle WA
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Project Veritas CEO James O'Keefe gave an update on Wednesday regarding the nonprofit's ongoing defamation lawsuit against the New York Times.

Project Veritas won a major legal victory after the New York Supreme Court ruled in March of 2021 that the New York Times used "actual malice" and acted with "reckless disregard" in several articles attacking Project Veritas.

Attorneys for Project Veritas defeated the New York Times attempts to dismiss the defamation suit, after the paper argued in court that Veritas is a libel-proof plaintiff because of its history of using "sting operations and entrapment tactics."

In November 2021, the New York Times published memos written between Project Veritas and Project Veritas' lawyers. On Christmas Eve, the New York Supreme Court issued an order which required the New York Times "to return and cease any republication of legal memos written by Project Veritas' attorneys," O'Keefe reports.

Now, the New York Times is appealing the New York Supreme Court's order and argued in their appellate brief that the lower court's decision was "an extraordinary prior restraint" and violated the First Amendment.

In addition, the paper argued that they are allowed to publish the privileged memos "even if the Times acted improperly," Project Veritas reports.

Project Veritas attorney Libby Locke responded to the New York Times appellate brief and said, "The only thing 'extraordinary' about this dispute is the conduct of the Times. The true gravamen of The Times' argument is that, as a media outlet, it is entitled to special treatment and that it should not be subject to the same rules of practice and conduct that any other litigant appearing before the New York Supreme Court is held to," according to James O'Keefe, who cited the attorney in a video where he broke down the litigation.

Furthermore, the New York Times argued that the memos had no relevance to the ongoing litigation, Project Veritas reports.

When The Times moved to dismiss Veritas' defamation complaint, "the paper asserted as a defense that Veritas is a libel-proof plaintiff because of its history of using 'sting operations and entrapment tactics,'" Attorney Locke said.

A ruling is expected to be made soon on whether The New York Supreme Court was within their right to prevent the New York Times from republishing Project Veritas' privileged legal memos.

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