Alan Dershowitz said Monday he was not surprised that the U.S. Supreme Court declined to hear his appeal in a defamation lawsuit against CNN.

He argued, however, that the justices missed an opportunity to clarify First Amendment law and signaled they will eventually revisit the landmark standard governing libel claims by public figures.

"We're not surprised," Dershowitz said. "It's very rare that certiorari is granted."

A writ of certiorari is the Supreme Court's decision to review an appeal from a lower court.

The Supreme Court on Monday declined to hear Dershowitz's appeal after lower courts ruled he had failed to meet the demanding legal standard required to prove defamation against a media organization.

Justices Clarence Thomas and Neil Gorsuch dissented from the court's decision not to take the case.

Dershowitz said he believes another justice, Samuel Alito, may also share concerns about the court's defamation precedent, noting Alito has previously questioned aspects of the doctrine.

"Eventually the Supreme Court will modify New York Times v. Sullivan and its progeny," Dershowitz said. "But not in this case."

The Supreme Court's 1964 decision in New York Times v. Sullivan requires public officials — and later, public figures — to prove by clear and convincing evidence that defamatory statements were made with "actual malice," meaning the publisher knew they were false or acted with reckless disregard for the truth.

Dershowitz said he is not seeking to overturn the precedent entirely.

"I'm not sure I want my name attached to the overruling of New York Times v. Sullivan, but I would be happy to have it attached to the modification," he said. "That's really what I wanted."

Dershowitz sued CNN over its coverage of remarks he made while defending President Donald Trump during his first impeachment trial.

He has argued the network deceptively edited his comments to suggest he believed a president could not be impeached for unlawful conduct.

"All the courts that have looked at this case have decided that CNN defamed me and lied about me," Dershowitz said. "The only issue was whether or not I could prove by clear and convincing evidence that they did it maliciously."

He argued that the "actual malice" standard has become nearly impossible for public figures to satisfy.

"It's impossible," Dershowitz said. "If it wasn't met in this case, it really could never be met."

Dershowitz also said the Supreme Court's decision could embolden news organizations.

"I think the opinion today does encourage irresponsible media not to be careful about reporting lies," he said. "In this case, CNN reported lies, and everybody seems to acknowledge that.

"The only question is, Could they get away with it? Under the standard, they can."

CNN has denied wrongdoing and successfully argued in lower courts that Dershowitz failed to establish actual malice.

Looking ahead, Dershowitz said he expects the Supreme Court will eventually revisit the issue in another case.

"My case may not have been the best one because not only am I a public figure, but I was performing a public function. I was representing the president of the United States," he said. "If you have an ordinary person who's not representing the president, that might be a stronger case."