A defamation lawsuit against Fox News, filed by Nina Jankowicz—a former government official who served on a short-lived U.S. government disinformation board—was dismissed by a federal judge on Monday. Jankowicz's lawsuit alleged that Fox News had defamed her repeatedly, contributing to a significant escalation in online harassment and threats of violence she faced following her involvement with the Disinformation Governance Board, where she held the position of director.

The Disinformation Governance Board, established by the Department of Homeland Security (DHS) in April 2022, was intended to address and counteract disinformation from foreign sources, particularly Russia, and to combat misleading information disseminated by human traffickers targeting migrants seeking entry to the U.S.-Mexico border. The board's mission was designed to bolster the DHS's capabilities in managing misinformation that could compromise national security and public safety.

Despite its well-defined objectives, the board encountered immediate and severe opposition from various political and media figures. Within weeks of its inception, conservative lawmakers and commentators criticized the board vehemently, portraying it as an overreach of government power and a potential instrument of censorship akin to an Orwellian dystopia. This backlash was exacerbated by social media, where the board was depicted as a threat to fundamental free speech rights.

The controversy surrounding the board and Jankowicz intensified, leading to an uptick in online abuse and threats against her. Jankowicz attributed much of this hostility to the alleged defamatory statements made about her on Fox News programs. Her lawsuit contended that these statements not only distorted her role but also fostered a hostile environment that jeopardized her safety.

In its defense, Fox News argued that its coverage was protected by the First Amendment. The network maintained that the statements in question related specifically to the activities of the Disinformation Governance Board rather than targeting Jankowicz personally. The federal judge concurred with this view, ruling that 36 out of the 37 contested statements broadcast by Fox News pertained directly to the board's operations and not to Jankowicz individually. The judge also found that the remaining statement, which included Jankowicz's image but referenced the board's functions, was factual and aligned with the board's charter, thus not constituting defamation.

Following the court's ruling, Fox News characterized the lawsuit as politically motivated, aiming to suppress free speech. “This was a politically motivated lawsuit aimed at silencing free speech, and we are pleased with the court’s decision to protect the First Amendment,” a Fox News spokesperson stated.

The Disinformation Governance Board faced operational difficulties from the outset. Within weeks of its launch, in May 2022, the DHS halted the board’s activities and accepted Jankowicz’s resignation. By August 2022, the board was officially dissolved, and its charter was rescinded, a decision precipitated by mounting political criticism and ongoing debates about the board’s perceived function and efficacy.

This legal outcome follows a notable precedent involving Fox News. In April of the preceding year, the network settled with Dominion Voting Systems for nearly $800 million to avert a trial. Dominion’s defamation lawsuit alleged that Fox News had propagated false claims regarding the 2020 presidential election and the integrity of Dominion's voting machines. This settlement underscored the legal and financial risks associated with media coverage of contentious political matters.

The dismissal of Jankowicz’s defamation suit highlights the intricate relationship between media coverage, free speech, and legal accountability within the realm of politically sensitive issues. The brief existence of the Disinformation Governance Board and the ensuing legal disputes reflect broader debates about government authority, media responsibility, and the boundaries of free expression.