Quote from AAAintheBeltway:
This case reads like a first year law school exam.
The Supreme Court ruled decades ago that "public figures" can only win defamation cases if they prove actual malice. Malice is defined basically as knowingly publishing harmful untruths or a reckless disregard for truth.
Zimmerman is the classic accidental public figure. He's not a politician or celeb, just an ordinary guy who became a public figure because the media made him one. There have been some cases on this, but I don't know how they came out. Let's assume he is a public figure.
NBC will argue that what they broadcast was factual. They were his own words, after all. They will argue that editing decisions are at the core of First Amendment protections, and they shouldn't be second-guessed by courts.
Zimmerman will argue that malice is actually established by the fact his words were taken out of context to make it seem as if he had said something totally different. In a sense, it is more damaging to use his own words to paint a false picture rather than to just accuse him of racism.
I am not sure what Florida law requires regarding proof of actual damages in this type of case. There is a category of libel that usually does not require proof of damages, eg accusations of committing serious crimes, etc. If he does have to prove actual damages, that could be difficult. NBC will argue that his problems stemmed fromt he shooting itself, his arrest and the public uproar, and not from their report.
I see this as a very close case. Normal people would have no difficulty saying he was defamed and NBC should pay big, but the law bends over backwards to protect the mainstream media. Add in liberal judges and he has a problem.
ps. Before we get too outraged over this, how do you feel about the black woman who worked for the USDA and gave a speech about how she hated white people? A conservative media outfit published it but left out the part where she said she helped white people despite her feelings. The argument was they took her words out of context too.