So wouldn't this statement imply the reverse consideration is true?: "everyone" knew Rush to be provocative and "divisive" so the people who spread the lie saw nothing in it that would render it unacceptable.
By having a court decide in this way, the drive-drunk-and-run-over media will put the cap on the public sentiment that Rush is nothing more than a rude, insulting, racist.
Limbaugh wouldn't have a case if the CNN reports were "Limbaugh is provocative and divisive." Both of those conclusions are in the realm of opinion. Limbaugh's case stems from the reports that "Limbaugh said 'quote' blah-blah-blah 'endquote'" where the quote is a complete fabrication.