⚖ Oral Arguments, with Context

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Nunes v. NBCUniversal Media, LLC — 2d Cir. (Oct 8, 2026)

No. 25-2125 Argued October 8, 2026 Published October 8, 2026

The Second Circuit hears Devin Nunes versus NBCUniversal, a defamation dispute over a television report. On Rachel Maddow's show, viewers were told Nunes had refused to turn a package over to the FBI. Nunes says the package had been promptly delivered to the FBI. He sued NBCUniversal, arguing that saying he refused was materially different from an earlier Politico report saying the information was not turned over. The district court entered judgment for NBCUniversal because it found insufficient evidence of actual malice. Nunes asks the appeals court to let a jury hear the claim. Actual malice means either knowing a statement is false or publishing while seriously doubting its truth. Clear and convincing evidence is a higher bar than ordinary civil proof. New York's public-interest speech law also requires that heightened proof, independently of the First Amendment.

Nunes v. NBCUniversal Media, LLC (No. 25-2125) — U.S. Court of Appeals for the Second Circuit, argued October 8, 2026.

Sources
Argument audio — Second Circuit court original:https://ww3.ca2.uscourts.gov/audio/25-2125.mp3
Argument date and recording — Second Circuit listing:https://ww3.ca2.uscourts.gov/oral_arguments.html
Challenged district-court ruling — public court filing:https://cases.justia.com/federal/district-courts/new-york/nysdce/1%3A2022cv01633/575696/162/0.pdf
District-court judgment — public clerk record:https://cases.justia.com/federal/district-courts/new-york/nysdce/1%3A2022cv01633/575696/163/0.pdf
Counsel identity and represented sides — signed case filing:https://cases.justia.com/federal/district-courts/new-york/nysdce/1%3A2022cv01633/575696/103/0.pdf
Advocate background — Davis Wright Tremaine:https://www.dwt.com/people/m/mcnamara-elizabeth-a
Actual malice — St. Amant v. Thompson:https://tile.loc.gov/storage-services/service/ll/usrep/usrep390/usrep390727/usrep390727.pdf
Proof standards — federal civil jury instructions:https://cdn.ca9.uscourts.gov/datastore/jury-instructions/Civil_Instructions_3_2026.pdf
Defamation summary judgment — Anderson v. Liberty Lobby:https://tile.loc.gov/storage-services/service/ll/usrep/usrep477/usrep477242/usrep477242.pdf
New York public-interest speech law — Civil Rights Law section76-a:https://www.nysenate.gov/legislation/laws/CVR/76-A

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