The Third Circuit Court of Appeals has ruled against former Department of Homeland Security (DHS) official Nina Jankowicz in her defamation lawsuit against Fox News, upholding a lower court’s dismissal of the case.
Jankowicz briefly led the Biden=Harris administration’s Disinformation Governance Board in 2022, a DHS initiative that officials said was designed to counter threats to homeland security from disinformation.
The board was widely criticized and quickly derided as a “ministry of truth.” Jankowicz herself faced scrutiny over her prior social media posts, which included amplifying claims about Russian collusion and suggesting that Trump supporters might bring weapons to polling places.
In 2023, Jankowicz sued Fox News, accusing the network of spreading what she called “destructive” lies that damaged her career and threatened her safety.
But a federal judge dismissed the case in 2024, ruling that nearly all of the statements at issue were directed at the Disinformation Governance Board rather than Jankowicz personally.
The court further concluded that one remaining challenged statement was not defamatory, as it accurately reflected the board’s own description of its mission.
Fox News welcomed the ruling at the time, stating: “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.”
Disinfo czar Nina Jankowicz reveals some “sad” news to her audience. She has lost her defamation lawsuit against Fox News. She’s “furious” at the judges.
She’s renaming her GoFundMe to the “Nina Jankowicz Legal Defense Fund” https://t.co/msgWCz0MTw pic.twitter.com/V4iX7K6uw6
— Chuck Ross (@ChuckRossDC) September 16, 2025
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Jankowicz appealed, but the Third Circuit affirmed the lower court’s decision this week.
In its ruling, the appeals court cited precedent from the landmark 1964 Supreme Court case New York Times Co. v. Sullivan, which established a high bar for public officials pursuing defamation claims.
The court explained that criticism of a government entity cannot automatically be treated as defamation against an individual simply because that individual is associated with the entity.
“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 ruling noted.
“But these allegations are not enough to transform criticism of the Board into statements of and concerning Jankowicz.”
The panel added: “When a government official sues for defamation, there must be evidence showing that the attack was read as specifically directed at the plaintiff.”
Merely using an official’s photo as a “visual placeholder” during coverage of a government program, the court found, does not meet that standard.
Following the decision, Jankowicz published a statement on her Substack, acknowledging the defeat.
“I’m writing with bad news: my appeal of the lower court’s decision to grant Fox’s motion to dismiss was not successful. This marks the end of my defamation suit against Fox, but not the end of my fight for the truth,” she wrote.
She expressed frustration with the legal outcome, arguing that the justice system favors powerful media organizations.
“Public figures have a high bar to clear in defamation claims, and we were up against a powerful, moneyed defendant,” she said.
“I am more than disappointed with the Third Circuit’s decision; I am furious.”
Jankowicz vowed to continue advocating publicly, framing her defamation suit as part of a broader effort against what she described as dangerous rhetoric in American politics.
She pledged to “speak up, to inform, to advocate, and to resist the assault on our rights and freedoms being perpetrated by the Trump Administration and its allies, even as doing so comes at great personal expense and consequence.”
With the Third Circuit’s ruling, Jankowicz’s legal challenge against Fox News has reached its end, closing a case that stemmed directly from her short tenure leading one of the most controversial initiatives of the Biden-Harris administration.
This is disinformation dingbat/democracy cult propagandist, NATO Nina Jankowicz (who should have been charged with FARA violations and investigated for her role in the Russia collusion hoax), appearing to blame Charlie Kirk for having the audacity to bring his children with him… pic.twitter.com/x3nYD6TxL4
— The Researcher (@listen_2learn) September 15, 2025
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