Below is my column in the New York Post on the ruling against Nina Jankowicz in her defamation case. It turns out that calling opposing views defamation is no better than calling them disinformation.Here is the column:
For free speech advocates, there are few images more chilling than that of Nina Jankowicz singing her now-infamous tune as “the Mary Poppins of Disinformation.”
The woman who would become known as the “Disinformation Czar” sang a cheerful TikTok parody of “Supercalifragilisticexpialidocious” to rally people to the cause of censorship.
When the press caught wind of President Biden’s plan to appoint Jankowicz as head of the Department of Homeland Security’s new “disinformation board,” Fox News said she “intended to censor Americans’ speech.”
The backlash was swift. Plans for the board were suspended, and Jankowicz resigned in 2022. She then sued Fox News for defamation.
On Monday, the case was dismissed. But Chief Judge Colm Connolly didn’t just say it was legally unfounded — he demolished the claims of figures like Jankowicz that they are really not engaged in censorship.
I was one of Jankowicz’s earliest and most vocal critics and she is discussed in my new book, “The Indispensable Right: Free Speech in an Age of Rage,” as part of the current growing anti-free speech movement in the United States.
The Biden administration has coordinated with social media and targeted the revenue of conservative, libertarian and other sites.
These figures gleefully worked to silence others with the support of millions in public dollars for years. Yet, when exposed to criticism, they often portrayed themselves as victims with an obliging and supportive media.
They all took a page from Mary Poppins, who “taught us the most wonderful word!” In this case, the word is “disinformation” and it is certainly not connected to “censorship.” Rather you are supposed to call the barring, blacklisting and throttling of opposing views “content moderation.”
Jankowicz took that not-so-noble lie to a new level. After losing her job, she launched a campaign soliciting funds to sue those who called her a censor.
I was highly critical of these efforts as trying to use defamation as another tool to chill critics and shut down criticism.
It was a telling lawsuit, as Jankowicz simply labeled criticism of her as “defamation” — just as she labeled opposing views “disinformation.”
The objections to her work were called false and she insisted that she was really not seeking to censor people with her work.
Connolly made fast work of that effort. After holding that people are allowed to criticize Jankowicz as protected opinion, the court added:
“I agree that Jankowicz has not pleaded facts from which it could plausibly be inferred that the challenged statements regarding intended censorship by Jankowicz are not substantially true. On the contrary … censorship is commonly understood to encompass efforts to scrutinize and examine speech in order to suppress certain communications.
“The Disinformation Governance Board was formed precisely to examine citizens’ speech and, in coordination with the private sector, identify ‘misinformation,’ ‘disinformation,’ and ‘malinformation.’ … that objective is fairly characterized as a form of censorship.”
Of course, in America’s burgeoning censorship infrastructure, the entire decision is likely to be viewed as some form of disinformation, misinformation or malinformation.
After all, even true facts can be deemed censorable by the Biden-Harris administration.
I testified previously before Congress on how Jen Easterly, who heads the Cybersecurity and Infrastructure Security Agency, extended her agency’s mandate over critical infrastructure to include “our cognitive infrastructure.”
The resulting censorship efforts included combating “malinformation” — described as information “based on fact, but used out of context to mislead, harm, or manipulate.”
Thus, referring to Jankowicz as engaged in censorship on this defunct board may be true, but could still be treated as “malinformation.”
As I discuss in my book, these setbacks are unlikely to deter the corporate, academic and government figures aligned in our current anti-free speech movement. Millions of government and private dollars are flowing to universities and organizations engaged in targeting or blacklisting individuals and groups.
It is now a growing industry unto itself.
The new censors have gone corporate and mainstream. Silencing others is now a calling, a profession. They have literally made free speech into a commodity that can be packaged and controlled for profit.
Yet Confucius once said that “the beginning of wisdom is the ability to call things by their right names.” This opinion takes a large step toward such wisdom.
If figures like Jankowicz want to continue to make money silencing others, we can at least call them for what we believe they are: censors.
Jonathan Turley is a Fox News Media contributor and the Shapiro professor of public interest law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage.” (Turley appears as a legal analyst on Fox, but nothing in this column is written on behalf of Fox Corp.)
Here is the decision: Jankowicz v. Fox News Network
I guess the question I have, is why is the government censoring anything?
Has anyone seen Nina and Quentin Tarantino at the same time?
The bosses of the “party of democracy” to 14 million of its own voters:
Pound sand. We’re picking someone else.
That’s it, in a nutshell, plus anyone who disagrees with her coronation is a racist sexist.
Yea, The Repos like Nikki Haley sure love free speech…
So much so her lawyers sent a cease and desist letter to the group “Haley Voters for Harris” for using her name to try and rally support behind the presumptive Democratic nominee. Prior to Joe Biden ending his bid against Trump, the group was called “Haley Voters for Biden.”
The group is “Haley Voters”, not Haley.
But again, this would require Repos to have any smarts wouldn’t it?
Apparently you don’t know much about False Light tort law. Should a group be allowed to call themselves Kamala Harris Voter for Child Pornography?
By your “reasoning” (for lack of a better word) there is no harm to Harris since they are not claiming to be Harris but only “Harris Voters.”
Well, Democrats claim to be the party defending “Democracy.” Same thing.
In my opinion, this is just a piece of the Dem’s plan, in the works for years, to win elections without voters. We’re gonna see it tested in Nov.
WTF does that have to do with this article?
Sean Davis
@seanmdav
‘Biden didn’t drop out of the race until after the attempts to imprison and assassinate Donald Trump failed.
Stating this indisputable fact enrages the regime and its corrupt media stenographers, so whatever you do, don’t share it far and wide as often as you can.’
A lot of Americans have said the same thing: if lawfare doesn’t put him behind bars, try something else. When an assassin doesn’t get it done, try something else. When there is no ‘something else,’ make Joe stop seeking re-election and find another horse to back —
Hey, pull up a chair. The DEMS don’t respect the electoral process. Justice Sotomayor must resign a lifetime appointment by a duly elected president, so Joe can appoint a YOUNGER person, so that a duly elected president of the other party doesn’t get to appoint a justice. Bye, Sonja! Biden must step down, not because he’s unfit to serve, but because he is losing, a younger candidate might win. Bye, Joe! NO respect for the process, for those who chose to serve, or for the will of the people. They don’t care about YOU, either. Are you watching?
“Right now it’s the new car smell, just ask Willy Brown!”
– Inspector Mauro
GOP needs to get Willie Brown on the record —
Meanwhile, in actual LEGAL news — something that’s of less and less relevance at this silly troll-infested POLITICAL site:
Today, in the case of Missouri v New York — brought directly to the US Supreme Court per “original jurisdiction” and related to the wrongful Manhattan conviction of Trump and gag order, all of which interfere with Missouri’s citizens’ right to hear Trump speak and right to participate in a national election without New York’s interference — New York answered the Complaint. Both the Complaint and response are available via the Docket:
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/22o159.html
Given that the case involves election interference, it’s reasonable to expect expeditious resolution.
Of course, the wrongful conviction and gagging of Trump in order to influence a national presidential election is just a trifling matter, not nearly as significant as WHATEVER Professor Turley thinks he’s addressing here, but it still might be of some interest to readers concerned with law, due process, and free-and-fair elections.
YAWN
Empty-headed douchebagging Turley troll says what?
Missouri has a creative theory in suing NY. But it seems to me unlikely that SCOTUS will resolve the case on the merits. The Court treats its original jurisdiction docket as discretionary and it rarely allows such a case to go forward on the merits. In 2020 Texas tried to sue Pennsylvania on a similar theory and the Court refused to exercise its jurisdiction. It’s possible they would exercise it in this case but I doubt it will.
You are correct – however the Supreme court was Wrong.
It dismissed the TX case on Standing and likely will do so to this one.
But the constitution AUTOMATICALLY gives states standing.
Further though standing is an important legal doctrine the court routinely abuse it to avoid political hot potatos they do not want.
All you need do is look at the 2020 election cases dismissed on Standing.
The central premise of Standing is that the Wrong Party is bringing the case – that is FINE,
But the courts have constantly used it to assure that NO party can bring the case.
Missouri is suing New Your for Election interference.
Regardless of whether you accept that the actions of New York are election interference, it still should be OBVIOUS that a state can engage in election interference.
Given that Election interference by a State is POSSIBLE – then SOMEONE has standing top bring that case.
Even if you do not beleive that New Your interfered with the election – Do you Want TX to charge Harris with accessory to a long list of violent crimes because of her Failures as Border Czar ? If TX did that and found a jury to convict – are we stuck with the distortions of the law that TX engaged in ?
If you construct some hypothetical where TX engaged in election interference – WHO gets to sue to seek a remedy ?
Whether you thing that MO v NY case has any merit or not – it should be decided on the merrits, not ignored on the basis of a legal doctrine to avoid the hard cases.
There must be SOME reason that SCOTUS Ordered NY to respond by today, when NY would normally have considerably more time than that. If SCOTUS wasn’t going to accept the case, it would have been easy enough to ignore the request altogether or allow NY the normal period of time to respond.
I’m not familiar with the pace at which things are proceeding with Trump’s appeal in the NY court(s), but I think the gag order is what SCOTUS is likely to focus on, at a minimum, as it represents immediate and ongoing harm, and I expect a ruling soon and probably unanimous
“In 2020 Texas tried to sue Pennsylvania on a similar theory and the Court refused to exercise its jurisdiction.”
I’ve no clue what you mean by “similar theory.” The word “similar” means almost nothing, except that it clearly states that two comparatives are not identical..A mouse is “similar” to an elephant in that they’re both mammals and both constrained by Newton’s Law of Universal Gravitation. But under other circumstances their differences vastly outweigh their similarities.
And the expression”similar theory” says nothing about the FACTS associated with the “theory.” To me it appears that you haven’t read the filings, know little to nothing about their respective facts, arguments, and legal precedents, and are just lobbing a vacuous opinion into the discussion solely for the sake of saying something. That happens a LOT at this website.
Meanwhile, the Order for a response by July 24 appears to recognize some urgency compared with the otherwise allowed 60 days, But I’m unable to ascertain what urgency attaches when the Court intends to take no action.
The Court is saying “Hurry up and never mind”?
I regret that you believe this site is less “legal” than you want, and full of “silly trolls.” Of course, this begs the question and answer to, “why are you here everyday?’ and several times a day, no less? thanking you in advance for your reply, yours truly, lin.
Meme of Biden endorsing Trump. Not bad:
https://citizenfreepress.com/breaking/maga-preview-of-biden-speech-meme/
The Orwellian MSM is now claiming that Kamala was never the border czar.
Stands to reason. MSM is part of the regime.
Putin is way ahead of the Biden-Harris adminstration on punishing speech.
“On Friday, the same day Russia sentenced American reporter Evan Gershkovich of the Wall Street Journal to 16 years in prison on fanciful charges of “espionage,” it sentenced Russian-American reporter Alsu Kurmasheva of Radio Free Europe/Radio Liberty (RFE/RL) to 6.5 years for ‘spreading false information about the Russian military.'”
https://www.breitbart.com/asia/2024/07/23/russia-sentences-american-journalist-to-hard-labor-in-secret-trial-for-false-information/
Give the left a chance – we will catch up.
How many on this site said that they thought Joe was either dead or incapacitated.
Apologies anyone?
Dear dead and/or incapacitated people,
Sorry to compare you to FJB
_anon
Incapacitated:
Unable to articulate why he waved his arms and stomped his feet last week that he was NOT dropping out, then feebly announced it on fvcking Twitter.
People Who have Covid are known to have big changes of heart during their illness. They jumped on him when he was most vulnerable.
He is incapacitated and has been probably since 2016 according to Hurr.
Many people SPECULATED that Biden might be dead.
I doubted that – but there was nothing wrong with the speculation – he had NOT been seen since BEFORE he withdrew.
And the WH reported he had Covid.
While current Covid variants are far less deadly – Biden is old and frail.
My book! My book! Don’t forget to buy my book!
Don’t forget to buy my book!
Do you remember when Kamala Harris said that Covid had taken the lives of 220,000,000 Americans. She must have gotten it straight from Joe.
I think Biden’s about to step down. I don’t think they want an image of Kamalla standing behind this geriatric man in November.
Nope, guess I gave him too much credit there, thought he’d figured it out. He’s just blowing his own horn for dropping out of the race, … another stump speech.
Jonathan: According to MAGA Speaker Mike Johnson it’s all “unfair” that the Dems have metaphorically switched horses in the middle of the stream and are about to name Kamala Harris as their nominee. Johnson is so upset he is threatening lawsuits to ask that the only Dem. candidate that is acceptable is the one chosen by his cult leader DJT.
This is the same Mike Johnson who railed against attempts to keep DJT off the ballot in Colorado. At the time Johnson said “leave it to the American people to decide who will be president”. Now Johnson is talking out of the other side of his mouth. DJT is also huffing and puffing about Harris. He thinks it’s “unfair” his campaign spent so much money going after Joe Biden only to find overnight he is no longer the candidate. DJT wants a refund!
And JD Vance is proving to be more of a liability to the campaign. While DJT is now trying to distance himself from “Project 2025” he forgets that Vance wrote the glowing forward to a forthcoming book [ “Dawn’s Early Light”] by Kevin Roberts–who is the lead author of “Project 2025”–that among other things calls for the gutting of Medicare. Now that will appeal to Seniors! I’m sure DJT is asking Vance: “Why in the hell did you write that forward to Robert’s book?” It seems already DJT and his VP pic are not on the same page!
If you are expecting members of the trump party to A) care about the Constitutional process of this country, and B) be consistent…They are neither. They care about 1 thing and one thing only, They want universal unquestioned POWER.
Dolt
The left always projects.
How so ?
What is the constitutional process that Johnson is on the wrong side of ?
Those of you on the left RANTED about Trump challenging the certification of Biden – purportedly because the people had spoken through their ballots.
All Johnson is saying is that Democrats have DONE exactly what they said was illegal if Trump did it, and seeking an outcome different from the ballots.
The hypocrisy is entirely on the left.
Worse still you are prosecuting Trump for far less egregious conduct than what Pelosi, Obama, Clinton and Democratic leadership did to take out Biden.
So, Vance wrote the forward to some other book? If that is incriminating, then all little girls should be terrified of showering in case of a FJB incursion.
Dennis,
You Ranted and raved that the will of the people as expressed by voters (many of whom were not real) had to be respected in 2020.
That the process of going from the election to certification was pro forma, and that even questioning the election was a crime.
And yet here Democrats forced the candidate who won the election out.
Sure sounds like everything you claimed Trump did on steroids.
Biden did not have a change of heart – as has been reported by the LEFT WING NUT MEDIA (and likely deliberately leaked by Pelosi) Joe was told you could do this the easy way or the hard way – Joe chose the hard way. And Pelosi knifed him in the back (and front and every side).
Is Johnson going to win any lawsuits ? Probably not.
But republicans are going to have fun exploiting and highlighting the hypocrisy of democrats.
And a challenge to forcing Biden out has more legal merit than the 14AS3 nonsense.
Harris was NOT actually on the ballot ANYWHERE. Several presidents have changed VP’s before the convention – see FDR switching to Truman just before the 1944 election.
Harris is the presumptive heir – but that is all expectation – not LAW.
Regardless, as I told you long ago – what’s good for the goose is good for the gander.
Republicans are perfectly free to use lawfare to throw sand in the gears of the democratic party.
Personally – though I fully support Johnson pointing out the hypocrisy of democrats.
I believe that he should stay away from lawsuits – let Democrats self destruct on their own.
The democratic party is a “house divided against itself” – Republicans should not unify democrats by giving democrat factions a common enemy.
The Democratic nominee is a mess that Democrats must sort out on their own.
And republicans should gleefully make them eat Crow.
Dennis – Johnson is SAYING “leave it to the American people to decide who will be president”
Democrat voters Picked Biden. Harris was not on the Ballot anywhere.
She does not have a single popular vote anywhere, she did not earn a single delegate.
Dennis Project 2025 is 925 pages long – have you read a SINGLE page ?
Do you know anything about it that you did not get from people who have be cought telling dozens of “big lies” over the past decade ?
I have no idea what project 2025 says about Medicare – nor do you.
I would hope it has the courage to address the fact that Medicare is bankrupt, and Social Security will be soon enough.
Will proposing doing something about Medicare or SS infuriate seniors – Absolutely.
At the same time – eitehr we do something now or the problem will get worse – much worse.
Do IO think Trump will do something ? Not a chance in H311. Do I think Democrats will do something ? Even less of a chance.
Neither party will do anything until they are forced to – and that could be soon.
Project 2025 is a very very long set of proposals for the next administration. It was created by the heritage foundation.
I have not read it, but given that it comes from Heritage most of it is likely far better than the democratic platform.
Trump says he has not read it – that might be true.
Regardless, Trump’s and Republicans positions will be determined by the Republican platform – not Project 2025. The latter likely influenced the former, but the Platform is the promises that Trump and republicans are making with the people – Project 2025 is just the product of an important think tank.
Wow Vance said something favorable in print about someone who participated in writing something you have not read but do not like just because.
I am pretty sure that DJT remains fine with Vance – despite your efforts at even more mind reading.
From the 2024 Republican platform.
https://prod-static.gop.com/media/RNC2024-Platform.pdf
14) FIGHT FOR AND PROTECT SOCIAL SECURITY AND MEDICARE WITH NO
CUTS, INCLUDING NO CHANGES TO THE RETIREMENT AGE
Project 2025 may influence many republicans.
The Republican Platform is the promise that Trump and Republicans have made to the country if elected.
No president in my lifetime, possibly no president in history has come closer to delivering on their Platform that Trump.
Personally I think that Republcians and democrats need to get together to fix medicare and Social Security.
One excellent option would be to allow people to opt out.
If you have already paid in – the government should allow you to transfer your SS and medicare payments to private retirement and healthcare funds of your choosing.
If you have not paid in or paid much you should be allowed to stop paying and work on your own towards covering yourself.
But that is not happening – atleast not before SS and Medicare are completely bankrupt.
What is “unfair” is that 14Million democratic voters have been disenfranchised.
In 2020 and since you have called that a crime – it is still a crime now that your party has done it ?
JD Vance participated in the convention that drafted the platform that say “Dennis is a liar”
John Say,
you’re heard
but ‘Dennis’ is disinfo
You are correct that the successful coup against Joe has somewhat unified the left. The MSM as back to their old games of spinning for the left and spreading propaganda.
That might even be mildly successful.
Is JD Vance popular right now ? I doi not know and I would not trust your sources or the MSM.
Is he my choice for Trump’s VP ? No but he will do, pretty much everyone under consideration was far better even at the TOP off the ticket than any Democrat contender.
Regardless, Vance has a remarkable life – Bona Fides that ANY democratic candidate would give an arm for.
A real rags to riches story.
From an Appalachian cabin with an outhouse – little better than Were Lincoln started, through getting to college – a miracle itself given his background, to Yale Law, the Marines, Iraq, incredible financial success, and then first time out of the gate political success.
What is Krazy Kamala’s story ? Elite parents, college professors, groomed by Willie brown, Arm candy to the stars, Failed in every office she has held – advancing solely by virtue of her minority background and gender.
What has Kamala ever done well ?
Yes the media is back to spinning as hard as they can.
Try reading Hillbilly elegy or if that is too hard for you – Ron Howard made a movie. Probably even has subtitles.
Such a load of tripe from denis the menace. Not worthy to take the time to pick that booger.
Kamala Harris compares ICE to the clan. When questioning the head of ICE. In her own words. “Are you aware of the perception of many about how the power and the discretion at ICE is being used to enforce the laws and do you see any parallels with the KKK.” He angrily answered that he did not.
I swear Nina Poppins is a man. Just look at that mug.
There has been a great deal of “disinformation” by the Biden Administration regarding the economy but especially the job market. Today’s WSJ puts it bluntly, all under Biden’s watch.
The Hottest Job Market in a Generation Is Over
The unemployment rate ticked up to 4.1% last month—the first time it has crossed above 4% since 2021. That’s still low by historical measures, but it’s up from 3.4% early last year. Workers have stopped quitting jobs at a frenzied pace, and college grads are having a hard time breaking into the market at all. The number of open positions for every unemployed person is back to the prepandemic level of 1.2, down from over 2 in 2022. And while the risk of getting laid off is still low, hiring has fallen beneath its pre-Covid level….
https://www.wsj.com/economy/jobs/the-hottest-job-market-in-a-generation-is-over-92f61452
and of course there is the little unadvertised fact that unemployment statistics dispensed by the thoroughly corrupt federal government as more than a little skewed to make things appear far more rosy than reality.
“Pay no attention to that man behind the curtain!”