I disagree, NR was sued for stating an opinion, they are defending their right to an opinion.
If they started arguing the facts, it undermines their basic argument that opinion cannot be libelous. This case is about anyone’s protected right to publish their opinion, as long as it is clear that it is an opinion.
It would be libelous to purport, as fact without evidence, “Joe Biden molests puppies”. But it is and should be protected to state without having to provide evidence “I think Joe Biden likes to molest puppies,” or “puppies should be fearful if Joe Biden enters the room.”
Stein wanted to go toe to toe on the facts. In Canada they did and conservatives won because Mann didn’t produce the data. Winning on “I am a moron but I have the right to express my opinion.” is not a win for conservatives. Let the left win those battles.