Judge Norman K. Moon—who is also presiding over Malone's case against Dr. Peter and Ginger Breggin and Dr. Jane Ruby—ordered the dismissal of Dr. Robert Malone's defamation lawsuit against The Washington Post on September 28, 2023.

Specifically, Judge Moon directed the clerk of the court to "STRIKE this case from the docket."  He invoked Virgina's Anti-SLAPP law which allows a judge to dismiss a case deemed without merit, essentially throwing it out of the court. At his discretion in an Anti-SLAPP suit, the judge can also require the plaintiff to pay the defendant's legal fees.  But Judge Moon decided not to require this of Malone, in part because the newspaper's resources are so much larger than Malone's.