Previously, the judge refused to toss out the claim, which stated that the veteran defamed WITHOUT EVIDENCE by Jake Tapper -- Tapper claimed he was basically a human smuggler, because he got Afghans out of Afghanistan.

Now the judge also refuses to take punitive damages off the table.

Emails obtained in discovery proved that CNN had actual malice, on-the-record malice, against this guy, and wanted to get him.

The report at the heart of the case aired on a Nov. 11, 2021 segment on CNN's "The Lead with Jake Tapper" and was shared on social media and (a different version) on CNN's website. In the segment, Tapper tells his audience ominously how CNN correspondent Alex Marquardt discovered "Afghans trying to get out of the country face a black market full of promises, demands of exorbitant fees, and no guarantee of safety or success."

Marquardt piled on in the segment, claiming that "desperate Afghans are being exploited" and need to pay "exorbitant, often impossible amounts" to flee the country. He then named Young and his company as an example of that startling claim.

The damages in the case could be massive but Young was facing the higher New York Times v. Sullivan standard of "actual malice," requiring a showing of knowing falsehood or a reckless disregard of the truth. Judge Roberts previously found that "Young sufficiently proffered evidence of actual malice, express malice, and a level of conduct outrageous enough to open the door for him to seek punitive damages."

The evidence included messages from Marquardt that he wanted to "nail this Zachary Young mfucker" and thought the story would be Young's "funeral." After promising to "nail" Young, CNN editor Matthew Philips responded: "gonna hold you to that cowboy!" Likewise, CNN senior editor Fuzz Hogan described Young as "a shit."

As is often done by media, CNN allegedly gave Young only two hours to respond before the story ran. It is a typical ploy of the press to claim that they waited for a response while giving the target the smallest possible window.

In this case, Young was able to respond in the short time and Marquardt messaged a colleague, "fucking Young just texted."

That record supports a showing of actual malice. However, CNN wanted to avoid punitive damages with a claim of retraction. Under Florida's Section 770.02(1), a publication seeking this protection must publish a "full and fair correction, apology or retraction." While the statute does not define "full and fair" it does specify that the retraction shall be "published in the same editions or corresponding issues of the newspaper or periodical" where the original article appeared and 'in as conspicuous place and type' as the original, or for a broadcast "at a comparable time."

In this case, Jake Tapper made the following statement on March 25, 2022:

"And before we go, a correction. In November, we ran a story about Afghans desperate to pay high sums beyond the reach of average Afghans. The story included a lead-in and banner throughout the story that referenced a black market. The use of the term black market in the story was in error. The story included reporting on Zachary Young, a private operator who had been contacted by family members of Afghans trying to flee the country. We didn't mean to suggest that Mr. Young participated in the black market. We regret the error and to Mr. Young, we apologize."

However, the court noted:

"The retraction/correction was not made during the other television shows in which the Segment aired. No retraction, correction or apology was posted on any online article or with any social media posting. Defendant's representatives referred to the statement made on the Jake Tapper show as a correction rather than a retraction."

Not only did the court find that insufficient, but it menacingly added, "the Court finds that there is an issue of material fact as to whether Defendant published a full and fair retraction as required by �770.02 for the televised segment and no retraction for the social media and online article postings, which could be additional evidence of actual malice."

This is relatively new ground for the Florida courts and will undoubtedly be appealed in time. For now, punitive damages will remain an option for the jury. The message to news organizations is that minimizing retractions can produce a critical loss of the coverage of the common statutory provisions protecting the media.