Media Defamation Lawyer Argues Against Using Objective Definitions for Words

https://www.newsbusters.org/blogs/nb/nicholas-fondacaro/2026/06/12/media-defamation-lawyer-argues-against-using-objective

Nicholas Fondacaro

June 12th, 2026 5:31 PM

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For those following NewsBusters’ coverage of the defamation cases brought against CNN (successful) and the Associated Press (on-going) by Navy veteran Zachary Young, one name should be familiar: Charles D. Tobin. A lawyer with Ballard Spahr, Tobin was part of the legal team that represented CNN and then the AP. As with the nature of defamation cases, both hinged on words and their interpretations. Tobin’s arguments before Florida’s First District Court of Appeal have repeatedly shown an aversion to holding the media to objective definitions.

In the CNN case, the phrase “black market” was one of the contentious points Young successfully argued were defamatory against him. In an unsuccessful April 2024 appeal to the 1st DCA to overturn a ruling allowing Young to seek punitive damages, Tobin argued that a subjective use of the phrase be adopted (emphasis added):

Here, we're on a question of actual malice, express malice, and outrageous conduct measured by objective standards. Under that criteria, your honor, regardless of what the meaning may be in the dictionary, which is an objective definition. What plaintiff needed to show is that subjectively CNN intended that meaning, otherwise there is no facts in the record to give rise to a reasonable jury question about actual [malice].

“So, these are lawyers and professional writers that, you know, are used to dealing with words and have dictionaries and know how precise – what words mean?” pressed Judge L. Clayton Roberts.

Judge Thomas D. Winokur drilled down on the dictionary definition of “black market.” Tobin suggested it was simply just a “poor choice of words”: 

WINOKUR: I hate to keep harping on this, but none of those things describe what could be commonly referred to as “black market.” I see Judge Roberts's point that “black market” clearly implies dictionary definition or otherwise, an illegal exchange of goods.

TOBIN: Your honor.

WINOKUR: That has nothing to do with those other descriptions in the chyron.

TOBIN: If it was a poor choice of words, your honor, and at best, we argue that it was at best a poor choice of words, your honor. That may have an impact on the rest of this case below under negligent standard, actual malice.