So CNN did attempt to have the Sandman case dismissed. Their argument was somewhat unique -- they said calling somebody a ‘racist’ is not a provable fact and therefore does not rise to the level of libel. CNN actually tried to say that there can never be a factual basis for calling somebody a racist. Courts treat statements characterizing people as “racist” as non-actionable opinion because they cannot be proved true or false. … Sandmann cannot as a matter of law base a defamation claim on this statement as it offers an expression of opinion so subjective as to be unprovable. No doubt probably every single one of you who read that thought the same thing -- CNN calls President Trump (and others) racist as a statement of fact all the time. So for them to go into court and claim that it’s not a provable fact, that such a claim cannot be factual, is directly opposite from what they publicly state every day. Anyway, the Court rejected it.