Robinson did not and cannot plausibly allege facts that show that CNN published the Article with actual malice, attorney Mark Nebrig wrote in a memo backing the dismissal motion, adding that the lawsuit does not include a single allegation demonstrating that CNN doubted the veracity of its reporting.
While filing a dismissal motion Thursday in Raleigh federal court, attorneys for CNN said Robinson's arguments suggesting he was the likely victim of a computer hacking operation that created fake messages would require a series of events that is not just implausible, it is ridiculous.
The September report says Robinson, who ran unsuccessfully for governor this month, left statements over a decade ago on the message board in which, in part, he referred to himself as a 'black NAZI' and said he enjoyed transgender pornography.
For Robinson, who already had a history of inflammatory comments about topics like abortion and LGBTQ+ rights, the CNN story nearly led to the collapse of his campaign.
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