Nina Jankowicz Takes a Page out of Dominion Playbook, Sues Fox for Defamation

All the cool kids are doing it these days — suing Fox, that is. You’ve got Dominion, which just pocketed a handsome sum pursuant to a settlement ironed out in the early stages of their trial with the cable news network. There’s Smartmatic, with a suit still pending in New York state court. There’s Abby Grossberg, the former booker for “Tucker Carlson Tonight,” who, though she recently voluntarily dismissed her suit against Fox, appears intent on refiling it in New York and drafting off of Smartmatic. And who knows what may ultimately come of the unceremonious decoupling from Tucker Carlson?

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Now, Nina Jankowicz, she of Ministry of Truth Disinformation Governance Board (DGB) fame, has decided to join the fun and filed a lawsuit of her own against Fox, alleging the network lied about her, creating serious threats to her safety and damaging her career prospects. (No word, yet, on the impact her “Scary Poppins” audition has had regarding said career prospects.)

 

 

Fox undoubtedly anticipated the litigation, given that Jankowicz announced in March that she was crowdfunding in order to sue the network. (To date, Jankowicz has garnered $55,000 in support of her endeavor.)

The suit was filed Wednesday in the same Delaware court where the Dominion suit was pending.

Ms. Jankowicz’s suit specifically cites the Dominion case, saying Fox’s narrative about her “is consistent with Fox’s practices in other contexts, including in its election denialism and the related defamation of Dominion Voting Systems.’’

In a letter to Fox’s general counsel this week, Ms. Jankowicz’s lawyers requested that the network preserve all communications — including texts, notes and search histories — regarding her and her position on the board.

A lawyer for Ms. Jankowicz, Rylee Sommers-Flanagan, said in an interview that the Dominion case “signals that there is a path” for defamation lawsuits against the network. “Dominion shows us how egregious the internal conversations that are happening at Fox are; it shows us that Fox News has an absolute disregard for truth when it is related to their ratings.”

Fox maintained it did not show a reckless disregard for the truth in the Dominion case — that would have been determined at trial — but acknowledged in its settlement deal that the judge in the case ruled that the statements at issue in the suit were false.

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In its article regarding the suit, the New York Times empathizes with Jankowicz and is quick to reassure readers that the DGB posed no threat to ordinary Americans:

The suit was filed on behalf of Nina Jankowicz, the former executive director of a short-lived Department of Homeland Security division assigned with coordinating efforts to monitor and address disinformation threats to national security. Right-wing pundits and politicians falsely portrayed her group as part of an Orwellian bid to control the speech and thought of ordinary Americans.

Ms. Jankowicz, a prominent specialist in Russian disinformation and online harassment, became the primary subject of their attacks. In 300 mentions over eight months on Fox last year, she was repeatedly demeaned and defamed in highly personal language, the lawsuit asserts. Hosts including Tucker Carlson, Maria Bartiromo and Sean Hannity said her job was “to silence anyone who criticizes the Biden administration” and possibly even, as Mr. Carlson warned, “get men with guns to tell you to shut up.”

The unit Ms. Jankowicz briefly headed, called the Disinformation Governance Board, had no such powers, or any direct authority to affect speech. The department created it to help unify and oversee existing efforts by its various divisions to monitor and defend against disinformation from foreign agents seeking to influence elections; cartels promoting human smuggling operations; and those seeking to undermine the government’s public health and safety efforts.

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Ironically, Jankowicz is herself a defendant in a lawsuit brought by the attorneys general of Missouri and Louisiana against numerous governmental agencies and officials asserting First Amendment violations. Perhaps even more ironically, Jankowicz is a defendant in a defamation suit, as well, as Jennifer O’Connell detailed here: Nina Jankowicz’s GoFundMe Campaign to Build a Legal Slush Fund Is the Very Definition of Disinformation and Dishonesty.

The economy may not be so hot right now, but at least lawyers are doing good business.

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