In 2023, the Washington Post (Defendant WP Company LLC) published an article titled "Trust linked to porn-friendly bank could gain a stake in Trump's Truth Social," which reported on the finances of Trump Media Technology Group (TMTG).

Following nearly three years of litigation, the Post admitted that parts of the article contained false information. Specifically, the Post acknowledged it incorrectly stated that TMTG paid a $240,000 referral fee related to an $8 million loan from ES Family Trust. The Post issued a correction clarifying that no such payment was made, stating, "Discovery in the ongoing litigation has established that Trump Media didn't pay a loan referral fee of $240,000, as was stated in the article and was based on The Post's reporting at the time of publication."

TMTG filed a defamation lawsuit seeking nearly $2 billion in damages, arguing the statements about the referral fee were false and defamatory. However, under precedent set by the United States Supreme Court and the Eleventh Circuit following New York Times Co. v. Sullivan (1964), the court concluded there was insufficient evidence that the Post acted with "actual malice"—meaning knowledge or reckless disregard of the falsehood.

The court ruled that a jury would not have the opportunity to decide the case. While reasonable minds could find the Post acted unreasonably and should have conducted a better investigation, the legal standard for actual malice was not met.

The case also involved testimony from Wilkerson, whose deposition was somewhat inconsistent regarding whether he personally told Harwell that TMTG paid the fee. Wilkerson did not deny that his lawyers made this claim. TMTG contended Wilkerson was an unreliable source, citing his suspension and firing from the company as a possible motive to fabricate the story in retaliation.

The lawsuit’s dismissal highlights the high bar set for defamation claims involving public figures and media organizations in the United States.

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