They can't because they have to prove damages. So if he says Merlino is a mobster, so have others. If he repeats a story about a person and embellishes and lies about them, he could be found to have lied, but the person suing would have to prove it ruined their reputation. If they had ever been arrested, had an article written on them, the judge or jury would say there was no damage. Bernstein is scum, no doubt, He gets away with it though,

If tomorrow he says Michael Franzee and Michael Deleonardo killed Carmine Galante, and Franzese is running the Mafia today, they could not sue and win. That is why Scott Scumstein and Capeci plus the others get away with just about anything.