On July 20, 2026, New York trial court judge Lisa Headley dismissed the libel case brought by VDARE Found., Inc. against The New York Times Co. The plaintiff, VDARE, alleged defamation arising from four articles published between 2019 and 2020 and sought $700,000 in actual damages plus punitive damages and costs.

The claims included allegations that The Times falsely reported that the term "kritarchy" had been "suddenly been transformed into an anti-Semitic code word," that a post on VDARE's website used an anti-Semitic reference, and that VDARE was linked to white nationalists and labeled a "hate website" by the Southern Poverty Law Center (SPLC). Additionally, VDARE challenged a Reuters wire article published by The Times accusing it of "race hatred," "manipulating on-line readers by utilizing a 'bot-farm' of fake accounts," and violating its "501(c) status."

Judge Headley granted The Times' anti-SLAPP motion, dismissing the case on the grounds that VDARE failed to allege actual malice—a requirement under New York law for defamation claims involving matters of public concern. The court found that terms such as "racist" and "white supremacist" were non-actionable opinions and that VDARE did not meet the heightened pleading standard by clear and convincing evidence to establish a defamation claim.

The ruling emphasized that a plaintiff must prove knowing or reckless falsehood to succeed in such cases, a burden VDARE did not satisfy.

Notable quotes from the case include:

  • The Times "quoted the associate director of the Anti-Defamation League opining that while the term 'kritarch' has historically been used in a non-pejorative way to describe 'rule by judges,' more recently it has been 'co-opted' by extremists and taken on a different meaning."
  • VDARE founder Peter Brimelow "believes that diversity has weakened the United States."
  • The SPLC "has labeled VDARE a 'hate website' for its ties to white nationalists."

This dismissal marks a significant legal precedent reinforcing protections for media outlets reporting on matters of public interest.

Sources