Biden-era ‘Misinformation czar’ has libel lawsuit against Fox News dismissed
Nina Jankowicz, the former executive director of the Department of Homeland Security’s Disinformation Governance Board, had her libel lawsuit against Fox News dismissed. Jankowicz accused the media giant of lying to smear her and the board.
Lawsuit dismissed
Third Circuit Court Judge Felipe Restrepo ruled that Jankovic’s complaints about Fox News were insufficient to file a lawsuit against them.
“Jankowicz argues that the many statements made by Fox about the Board were also of and concerning her because ‘Fox repeatedly used Jankowicz’s photo when discussing the Board’ and because “Fox often referenced the Board and Jankowicz in the same statement or the same segment,” the court decision reads according to Inkl. “But these allegations are not enough to transform criticism of the Board into statements of and concerning Jankowicz.”
The court also cited the 1964 Supreme Court decision in New York Times v. Sullivan, which requires plaintiffs in defamation cases to prove that false statements were made with malice.
“Jankowicz’s position—that criticism of government is transformed into actionable defamation when a television program displays an image of a government official or references a government official’s name in the same segment—is precisely the sort of attack on core free expression rights that Sullivan sought to avoid,” the court decision reads.
Jankowicz expressed her disappointment in a post on her blog.
“The court has effectively given permission for pundits to baselessly declare open season on people with whom they disagree, making it almost impossible for anyone to serve their country without the fear of being tarred and feathered by a powerful cable news channel with a rabidly devoted audience,” she wrote.
She also said even though the lawsuit has ended, her fight has not.
“On paper, this decision may be a win for their side, but they really only win when we leave the fight,” Jankowicz said. “I haven’t left yet—through death threats and networked lies and lawsuits—and I won’t leave now.”
Lawsuit filed
Jankowicz ran the Disinformation Governance Board from March 2022 to May 2022 with the goal of combating disinformation, which has become a significant issue in America.
Following the creation of that board, Jankowicz said Fox News became “obsessed” with ridiculing her.
She cited one example of her discussing a Twitter pilot program called “Birdwatch,” which allows users to flag tweets they believe contain misinformation. It’s now called “Community Notes” and is an active part of X.
Several Republicans and Fox News pundits criticized the idea and in her lawsuit, Jankowicz alleged they accused her of wanting “to edit other Twitter user[s’] posts.”
DHS quickly suspended the board following the attacks from Fox News and some Republican lawmakers.
Jankowicz started getting harassed, including receiving death threats.
One year later, in May 2023, Jankowicz filed suit against Fox News. Her suit coincided with Fox News settling a lawsuit with Dominion Voting Systems for spreading disinformation about the 2020 Presidential Election.
Jankowicz thanked her supporters in her latest post.
“I know this isn’t the outcome any of us wanted,” Jankowicz wrote. “But I’m more motivated than ever to continue my work, and am grateful to have you on my side.”
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Ella Rae Greene, Editor In Chief
