Another one of President Donald Trump’s lawsuits against a news organization has fizzled out.
This time, it is a defamation lawsuit that the Trump Media and Technology Group brought against The Washington Post in 2023 over a story titled “Trust linked to porn-friendly bank could gain a stake in Trump’s Truth Social.”
A federal judge in Florida has thrown out the suit, saying that Trump Media “failed to present evidence that would allow a jury to find by clear and convincing evidence” that The Post “published the allegedly defamatory statements with actual malice.”
US District Judge Thomas Barber’s conclusion came during the summary judgment phase of the case, when a judge can evaluate evidence and make a determination before proceeding to trial.
The Post’s lawyers argued that Trump Media could not prove “actual malice,” the high legal standard that public figures must meet to prevail in a defamation case. It means that the defendant either knew a claim was false or displayed “reckless disregard of whether it was false or not.”
The Post’s reporter who wrote the story in question, Drew Harwell, “thoroughly investigated” the subject and “had confidence in the article’s accuracy at the time of publication,” the newspaper’s lawyers wrote.
In a summary docket entry last week, first reported by Reason magazine, Barber sided with the Post. He said he would issue a full opinion later.
The Post itself reported on the legal victory on Tuesday. “We are pleased with the court’s decision and look forward to reviewing its written order upon release,” a spokesperson told CNN.
A spokesperson for Trump Media did not immediately respond to CNN’s request for comment, but the company told The Post, “We believe a jury should decide whether these falsehoods were actionable and will evaluate whether to appeal last week’s ruling in due course. We will also continue to hold the media accountable.”
Trump Media positions itself as an opponent of, and an alternative to, traditional tech and media companies. It is best known for operating Truth Social, a relatively small social network favored by the president.
The publicly traded company has been losing money for years; it made less than $1 million in revenue in the first quarter of this year, according to public filings.
The company has repeatedly filed lawsuits over news coverage it deemed false. A defamation lawsuit against The Guardian and other defendants was thrown out by a different Florida judge last November. Trump Media initially filed an amended complaint, but then dropped the matter altogether in April.
Trump Media’s suit against the Post accused the newspaper of a “conspiracy” to harm the company and sought $3.8 billion in damages.
The lawsuit lawyers succeeded in narrowing the case considerably and asserted that Truth Media could not satisfy the “heavy burden” of the actual malice standard.
In May, while awaiting the judge’s ruling, The Post published a correction to the 2023 story stating that “discovery in the ongoing litigation has established” that two assertions in the story were incorrect. But the correction emphasized that the assertions were “based on The Post’s reporting at the time of publication.”
Trump and his businesses have a long history of getting publicity from lawsuits, only to see judges later throw them out.
In April, a federal judge dismissed Trump’s defamation lawsuit against The Wall Street Journal over its reporting on a lewd birthday letter to Jeffrey Epstein bearing his name. Trump refiled that suit in May. He also has pending litigation against the BBC, The New York Times and the Des Moines Register.
