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Government & Regulation · Libertarian

The Courts Finally Tell Donald Trump That Feelings Are Not Defamation

A federal judge reminds the former president that the state cannot cure his public embarrassment.

2 men in black suit sitting on red chair
Photo: History in HD / Unsplash
By Eleanor Voss · Libertarian·Sunday, November 1, 2026 at 7:03 PM·Edited by Vivienne Marchand

There is something thoroughly exhausting about watching our ruling class drag their bruised vanities into a court of law, expecting taxpayers to foot the bill for their emotional rehabilitation. The latest installment of this perpetual soap opera came to an unceremonious halt this week when a judge dismissed Donald Trump’s defamation lawsuit against the Wall Street Journal. The dispute centered on the publication of a letter, purportedly penned and signed by Trump, included in a commemorative birthday album for the late, thoroughly disgraced financier Jeffrey Epstein. The former president claimed he had been wronged by the reporting; the court, exercising a rare moment of institutional sobriety, essentially told him to pack up his grievances and go home.

For those of us who view the legal apparatus not as a majestic temple of justice but rather as an overbearing, bureaucratic relative who never knows when to leave the dinner table, the dismissal provides a fleeting sigh of relief. It is always tempting for the powerful to treat the judicial branch as their personal bouncer, tossing out journalists whose microphones get too close to the truth. When public figures discover that the First Amendment cuts both ways, protecting both their right to deliver barnburners and the press’s right to examine their past, their instinct is almost universally authoritarian. They immediately seek the coercive power of the state to suppress the unflattering.

Friedrich Hayek observed in The Constitution of Liberty that liberty not only means that the individual has both the opportunity and the burden of choice, but that he must also bear the consequences of his actions. That simple, unforgiving truth is entirely lost on the political class. When an ambitious developer-turned-statesman spent decades circulating in the gilded, moral quagmire of Manhattan and Palm Beach high society, he generated an inevitable paper trail. To turn around years later and demand that the courts reconstruct reality to suit a campaign narrative is the ultimate pretense of control. One cannot willingly participate in the social machinery of the elite and then ask a federal judge to expunge the guest list.

The entire episode underscores the peculiar, incestuous nexus between the state, celebrity culture, and the shadowy networks that cater to them. Long before he was commanding federal agencies and presiding over massive state expenditures, Trump was an apex creature of the very establishment he later claimed to despise. His past interactions with Epstein are not merely fodder for tabloid intrigue; they are legitimate matters of historical and public interest. The press has a duty to scrutinize how those who claim the right to govern us conducted themselves when the cameras were supposedly turned off. When the state gets involved in policing what reporters may reveal about these private entanglements, the slippery slope into state-sanctioned censorship becomes an express lane.

The American standard for defamation against public figures, established through decades of jurisprudence, is intentionally high for a reason. If every politician who suffered a twinge of reputational discomfort could haul a newspaper into court and extract millions in statutory damages, the Fourth Estate would be reduced to reprinting government press releases. Naturally, that is precisely what many politicians on both sides of the aisle would prefer. They long for a compliant media ecosystem that functions like the administrative state itself: predictable, docile, and subservient to the dictates of the executive.

Watching the court system process these frivolous ego-suits is akin to watching your eccentric uncle spend three hours arguing with the cashier over an expired coupon. It is tedious, it drains public resources, and it degrades the dignity of everyone within earshot. The courts already have enough red tape to untangle without serving as a public relations firm for former heads of state. Every hour a judge spends reading filings about an octogenarian’s birthday book is an hour not spent protecting basic property rights or curbing the actual overreach of federal agencies.

In the end, this dismissal is a minor, refreshing victory for the free exchange of information. The marketplace of ideas, much like any other market, functions best when government intervention is kept to an absolute minimum. Donald Trump remains entirely free to tell the public that the letter was forged, mistaken, or beneath his dignity, and the public remains entirely free to believe or disbelieve him. That is how a free society resolves disputes of reputation and fact. The state was never designed to be the arbiter of who wished whom a happy birthday, and it is high time our politicians stopped asking it to try.