The dismissal of President Donald Trump's $10 billion defamation lawsuit against The Wall Street Journal was based on "constitutional malice," former New Jersey Superior Court Judge Andrew Napolitano told Newsmax on Tuesday.
Appearing on "Wake Up America," Napolitano explained that the legal standard at issue is not ordinary ill will, but a much higher constitutional threshold that heavily favors media defendants.
"This standard of malice is not hard-hearted malice or hatred," Napolitano told co-hosts Marc Lotter and Sharla McBride.
"It's constitutional malice," meaning Trump's legal team needed to prove the newspaper knowingly published false information or acted with reckless disregard for the truth.
A judge ruled Trump's attorneys failed to meet that burden in their lawsuit against The Wall Street Journal and media mogul Rupert Murdoch.
The case centered on a report alleging Trump had written a letter to convicted sex offender Jeffrey Epstein for his 50th birthday — a claim the president has repeatedly denied, calling it a forgery.
According to Napolitano, the court's decision does not necessarily validate the Journal's reporting but instead highlights the steep legal hurdles public figures face when challenging the press.
"That doesn't mean that what The Wall Street Journal printed was true," he said. "It just means because of the bias that the First Amendment gives to journalists, they can get away with this."
The ruling reinforces the long-standing "actual malice" doctrine established by the Supreme Court, which requires public officials to prove not only that a statement was false, but that it was published with deliberate knowledge of its falsity or reckless disregard for accuracy.
Napolitano noted that Trump may still have a narrow window to revive the case.
"Can he refile the complaint with new evidence? If he can find that, he's got 10 days," Napolitano said, adding that failure to do so would likely end the case unless it is appealed.
The case comes amid broader conservative criticism of legacy media outlets, with many arguing that current defamation standards give journalists too much protection, even when reporting is disputed or later challenged.
Legal experts say the high bar was designed to safeguard free speech and prevent public officials from using lawsuits to silence criticism.
However, critics contend it has also made it increasingly difficult for individuals, including presidents, to seek accountability for potentially false or damaging claims.
Napolitano's analysis reflects that tension, emphasizing that while the Constitution protects a free press, it can also limit recourse for those who believe they have been wronged.
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Charlie McCarthy ✉
Charlie McCarthy, a writer/editor at Newsmax, has nearly 40 years of experience covering news, sports, and politics.
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