Nina Jankowicz, who once stood ready to lead the Biden administration’s so-called “Disinformation Governance Board,” has now lost her lawsuit against Fox News—and she’s not taking it well. She claimed Fox News defamed her by criticizing the board she was set to lead. But the courts didn’t buy it. And rightfully so.
Let’s be clear: this was never just about one person’s hurt feelings. It was about defending the First Amendment—our most basic right to speak freely, especially when it comes to criticizing the government.
Back in 2022, Americans from all walks of life were alarmed by news that the Biden administration planned to launch a Disinformation Governance Board inside the Department of Homeland Security. That sounded far too much like a Ministry of Truth—a government office policing what we say and hear. This idea was a direct threat to free speech, and it rightly sparked outrage from millions of citizens, commentators, and lawmakers.
Nina Jankowicz was tapped to lead that board. She became the face of it. But when Fox News and others criticized the board and sounded the alarm about its potential dangers, Jankowicz took it personally. She sued Fox News for defamation.
But here’s the thing: it’s not defamation to criticize a government program. It’s not defamation to raise questions about who is running it. And it’s certainly not defamation to express opinions on matters of public concern. The courts agreed.
In July 2024, a judge threw out her case. She appealed. But this September, a panel of three judges in the Third Circuit Court of Appeals upheld the dismissal. They said clearly that the statements Jankowicz complained about were either opinions, not directly about her, or simply true.
She says she’s furious. She says the justice system protects offenders instead of victims. But who is the real victim here? Is it someone in power who didn’t like being criticized? Or is it the American people, who were nearly saddled with a government board to monitor what they say?
Let’s remember the words of the court: Jankowicz was trying to say that any criticism of the board—if it showed her name or face—was automatically an attack on her. That’s not how freedom of speech works. The court wisely pointed to the landmark case New York Times v. Sullivan, which says public officials can’t sue for defamation just because they don’t like what’s being said about them. That case, decided in 1964, is a pillar of American liberty. It protects the press and the people from being silenced by powerful officials.
Jankowicz, who now calls herself a “disinformation researcher,” claims that Fox News made it impossible for her to serve her country. But what she doesn’t see is that it was her own actions—and the dangerous mission of the board she was going to run—that raised red flags. Free people have every right to question those in power. That’s not just opinion—it’s the American way.
She’s now asking for donations to her “Legal Defense Fund.” But the real defense that matters here is the defense of our Constitution and the rights it guarantees. We must never allow unelected bureaucrats to decide what’s true and what isn’t. That’s the job of the people—not the government.
This court victory is a win for every American who values free speech. It reminds us that our rights don’t come from government—they come from God, and our Constitution protects them. Whether you’re a journalist, a pastor, a teacher, or just a concerned citizen, you have the right to speak out, especially when your government crosses the line.
Fox News stood its ground. The courts upheld the Constitution. And Nina Jankowicz’s attempt to silence her critics failed. That’s how it should be in a free republic.
