Trump vs. WSJ Libel Lawsuit over Trump's Alleged Birthday Wishes to Epstein Thrown out

Read the original at Reason ↗
Cite

Volokh, E. (2026, October 31). Trump vs. WSJ Libel Lawsuit over Trump's Alleged Birthday Wishes to Epstein Thrown out. Reason. https://reason.com/volokh/2026/10/31/trump-vs-wsj-libel-lawsuit-over-trumps-alleged-birthday-wishes-to-epstein-thrown-out/

Dated from the outlet's own feed. Check the original for its byline.

Reason · collected 2026-10-31 · by Eugene Volokh

Quick Summary

Judge Darrin Gayles dismissed former President Donald Trump's lawsuit against the Wall Street Journal over a 2025 article linking him to Jeffrey Epstein through alleged birthday wishes. The judge cited historical Supreme Court protections for free speech, emphasizing that public figures must prove actual malice in defamation cases. In his ruling, Judge Gayles noted that Trump failed to convincingly allege such malice for the second time, leading to the dismissal of his amended complaint with prejudice.
Written by AI on 2026-11-01, from this article's own text only (the story summary below draws on all the coverage).

AI analysis

Story summary

A federal judge in Miami dismissed President Donald Trump's multibillion-dollar defamation lawsuit against The Wall Street Journal, Rupert Murdoch, and other defendants on October 31, 2026. The case was dismissed with prejudice, meaning it cannot be refiled. Judge Darrin Gayles ruled that Trump did not prove the defendants made statements with actual malice, a standard required for public figures in defamation cases. This decision stems from a report published by the Wall Street Journal alleging Trump sent a sexually suggestive birthday letter to convicted sex offender Jeffrey Epstein. The ruling noted that Trump's allegations were "grasping at straws."

Written for “Trump Suit Dismissed Over Epstein Letter” on 2026-11-01, grounded in this article and the 9 other(s) covering the same event.
Why this leaning score
The article's own words the score was based on. Each is quoted verbatim and was checked against the article text before being stored, so you can find it in the original.
Reading Leans left (beta estimate) Confidence high
Leaning: leans left for article 120176 (high confidence, 2 verified quotes) · logged 2026-11-01

Story

📰 Trump Suit Dismissed Over Epstein Letter
Politics · 10 article(s) covering the same event. Compare every outlet's account →

Compared with similar articles

This article reads leans left and hedges 11% of its claims. Each row says how that neighbour differs.
CBC News
Hedges 0 of 4 claims Outlet record 60/100
The Independent
Hedges 6 of 27 claims Outlet record 59/100
South China Morning Post
Hedges 0 of 1 claims Outlet record 64/100
Toronto Star
⚖️ Leans left Hedges 0 of 2 claims Outlet record 64/100
CBS News
⚖️ Leans left Hedges 1 of 14 claims Outlet record 66/100
NBC News
Hedges 4 of 24 claims Outlet record 60/100
The Straits Times
⚖️ Leans left Hedges 3 of 20 claims Outlet record 66/100
Al Jazeera
Hedges 3 of 32 claims Outlet record 60/100
How this article was measured signals, leaning charts, publisher record, byline, topics and claims

Signals How these are calculated →

Claims extracted
111
sentences that state something as happening or true
Uncertain
11%
12 of 111 hedged ("reportedly", "may", "according to")
Leaning
Leans left
of the writing, not the subject · beta estimate
Publisher signals
67/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
10
Politics
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-11-01 · how these are computed

How this is being covered How these are calculated →

Article leaning vs. publisher reliability
Source leaning vs. consistency

Publisher

Reason · 1046 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Eugene Volokh
174 article(s) here · 1 carrying a prediction
🔮 Because "[t]he costs and efforts required to defend a lawsuit through [discovery] could chill free speech nearly as effectively as the absence of the actual malice standard altogether[,]" a public figure plaintiff must plausibly allege actual malice at the outset of the litigation.
🔮 The First Amendment forbids a State from using its investigative power that way, and I will not allow it while this case is pending.
🔮 The same logic could apply to nuns who had felt religious pressure to do the educational or nursing work that their order was known for, or to monks who had felt religious pressure to do agricultural work that supports the monastery.
2026-10-30 · assertive framing · Amicus Brief in OneTaste Criminal Prosecution
🔮 Before doing so, "he entered the coffee shop to purchase a cookie, which he hoped would be seen as a sign of goodwill."
🔮 While individuals who are the subjects of unwanted speech may be able to limit some speech directed to them, they cannot limit offensive speech about them directed to others.
🔮 The hope would be to siphon votes away from Sullivan.
🔮 Defendants observe that Alibaba is not completely banned from appearing before the federal government—it could hire more in-house lobbyists or find a firm that is willing to forgo defense contractor clients….
🔮 Still others predicted that someone would eventually remove the context and circulate the resulting footage as though Mr. Piker had been speaking sincerely.
2026-10-27 · assertive framing · Hasan Piker Sues Scott Jennings
🔮 The Indictment alleges that Holmes posted on that account several statements against the Jewish community and Israel, including: "The jew will be destroyed and discarded," "From the river to the sea every Jew will die," "You inbred people will all die," and "Die Jew."
🔮 When reviewing whether the evidence was sufficient to support the issuance [or extension] of a 258E order, we consider [consistently with the statutory requirements] whether, "by a preponderance of the evidence, together with all permissible inferences," the judge could have found "that the defendant had committed '[three] or more acts of willful and malicious conduct aimed at a specific person committed with the intent to cause fear, intimidation, abuse or damage to property and that [did] in fact cause fear, intimidation, abuse or damage to property.'"
Also by Eugene Volokh
Open Thread
2026-10-31 · Reason
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 174 articles by Eugene Volokh →

Topics

American Dow Jones Dow Jones & Co., Inc. Fla. S.D.

Subjects

Trump PERSON · 10× Epstein PERSON · 6× Brandeis PERSON · 2× Dow Jones ORG · 2× Leavitt PERSON · 2× Murdoch PERSON · 2× Palazzolo PERSON · 2× Sullivan PERSON · 2× WSJ ORG · 2× the Wall Street Journal ORG · 2×

Narrative

But they knew that order cannot be secured merely through fear of punishment for its infraction; that it is hazardous to discourage thought, hope and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones.
framing: assertive · carried by 1 article(s) · first seen 2026-11-01
🔮 Because "[t]he costs and efforts required to defend a lawsuit through [discovery] could chill free speech nearly as effectively as the absence of the actual malice standard altogether[,]" a public figure plaintiff must plausibly allege actual malice at the outset of the litigation.

Claims (111 extracted, 12 hedged)

From Judge Darrin Gayles (S.D. Fla.) in Trump v. Dow Jones & Co., Inc.: Those who won our independence believed … that public discussion is a political duty; and that this should be a fundamental principle of the American government. asserted
this → win → government
They recognized the risks to which all human institutions are subject. asserted
institutions → recognize → which
But they knew that order cannot be secured merely through fear of punishment for its infraction; that it is hazardous to discourage thought, hope and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones. asserted
remedy → know → counsels
Believing in the power of reason as applied through public discussion, they eschewed silence coerced by law—the argument of force in its worst form. asserted
they → believe → form
Recognizing the occasional tyrannies of governing majorities, they amended the Constitution so that free speech and assembly should be guaranteed. asserted
speech → recognize → Constitution
Justice Brandeis's words, as relevant today as they were nearly a century ago, formed the "background" behind the Supreme Court's holding in Sullivan: the First Amendment "prohibits a public [figure] from recovering damages for a defamatory falsehood … unless he proves that the statement was made with actual malice[.]" asserted
statement → form → malice
This constitutional protection is not limited to post-discovery motions and trial. asserted
protection → limit → motions
Because "[t]he costs and efforts required to defend a lawsuit through [discovery] could chill free speech nearly as effectively as the absence of the actual malice standard altogether[,]" a public figure plaintiff must plausibly allege actual malice at the outset of the litigation. uncertain
plaintiff → require → litigation
This Order addresses President Donald J. Trump's second attempt to plead that Defendants … acted with actual malice when they published an article in the Wall Street Journal … linking him to convicted sex offender Jeffrey Epstein …. asserted
they → address → Epstein
As with his first attempt, he has failed. asserted
he → fail → attempt
Therefore, for the reasons below, … President Trump's Amended Complaint is dismissed with prejudice…. asserted
Complaint → amend → prejudice
On July 15, 2025, Palazzolo emailed then White House Press Secretary Karoline Leavitt ("Leavitt") advising her that Dow Jones intended to publish an article (the "Article") about a birthday letter that President Trump purportedly created for Epstein (the "Letter"). asserted
Trump → email → Epstein
President Trump and his team responded quickly. asserted
Trump → respond → ?
Leavitt called Palazzolo and told him that the "subject matter" of the proposed Article was false. asserted
matter → call → Article
President Trump, through counsel, denied writing the Letter and warned Dow Jones not to publish the story. asserted
Trump → deny → story
{President Trump also denied writing the Letter in an interview before publication.} asserted
Trump → deny → publication
And President Trump directly told Murdoch that he had not signed or sent the Letter. asserted
he → tell → Letter
When Murdoch responded that he would "handle it," President Trump thought the WSJ would not print the Article. asserted
WSJ → respond → Article
Two days later, the WSJ online edition published the Article. asserted
edition → publish → Article
The title of the Article—"Jeffrey Epstein's Friends Sent Him Bawdy Letters for a 50th Birthday Album. asserted
Friends → send → Album
One was from Donald Trump"—is in bold print, with a subtitle below reading "[t]he leather-bound book was compiled by Ghislaine Maxwell asserted
book → read → Maxwell
The president says the letter 'is a fake thing.'" asserted
letter → say → ?
Leading with a picture of President Trump with Epstein, the Article states the following, in pertinent part: It was Jeffrey Esptein's 50th birthday, and Ghislaine Maxwell was preparing a special gift to mark the occasion. asserted
Maxwell → lead → occasion
She turned to Epstein's family and friends. asserted
She → turn → family
Maxwell collected letters from Trump and dozens of Epstein's other associates for a 2003 birthday album, according to documents reviewed by The Wall Street Journal. uncertain
Maxwell → collect → Journal
Pages from the leather-bound album—assembled before Epstein was first arrested in 2006—are among the documents examined by Justice Department officials who investigated Epstein and Maxwell years ago, according to people who have reviewed the pages. uncertain
who → bind → pages
The letter bearing Trump's name, which was reviewed by the Journal, is bawdy—like others in the album. asserted
which → bear → album
It contains several lines of typewritten text framed by the outline of a naked woman, which appears to be hand-drawn with a heavy marker. asserted
which → contain → marker
A pair of small arcs denotes the woman's breasts, and the future president's signature is a squiggly "Donald" below her waist, mimicking pubic hair. asserted
signature → denote → hair
The letter concludes: "Happy Birthday—and may every day be another wonderful secret." uncertain
day → conclude → ?
In an interview with the Journal on Tuesday evening, Trump denied writing the letter or drawing the picture. asserted
Trump → deny → picture
It's a fake Wall Street Journal story," he said. asserted
he → say → ?
"I never wrote a picture in my life. asserted
I → write → life
I don't draw pictures of women," he said. asserted
he → draw → women
He told the Journal he was preparing to file a lawsuit if it published an article. asserted
it → tell → article
"I'm gonna sue The Wall Street Journal just like I sued everyone else," he said…. asserted
he → go → everyone
Justice Department officials didn't respond to requests for comment or address questions about whether the Trump page and other pages of the birthday album were part of the agency's recent documents review. asserted
page → respond → review
The FBI declined to comment…. asserted
FBI → decline → ?
Among those who submitted letters were billionaire Leslie Wexner and attorney Alan Dershowitz … asserted
Wexner → submit → letters
Wexner declined to comment through a spokesman … asserted
Wexner → decline → spokesman
…and 71 more, not listed.
💬Give feedback
🕘History 🎫Support