The Atlantic, a longtime Washington-based magazine, is asking a federal judge to dismiss FBI Director Kash Patel’s defamation lawsuit, arguing that its reporting about a public official’s job performance is protected by the First Amendment.

Patel filed the lawsuit in April against The Atlantic and reporter Sarah Fitzpatrick over a magazine article that reported Patel had “alarmed colleagues with episodes of excessive drinking and unexplained absences.”

The article examined concerns allegedly raised by people who had worked with Patel, according to The Atlantic’s reporting.

Patel’s attorneys have strongly disputed the article’s claims, arguing that The Atlantic published false and damaging allegations that harmed his reputation and unfairly portrayed his conduct.

In his lawsuit, Patel accused the magazine of publishing “a sweeping, malicious, and defamatory hit piece” and argued that the story relied on “obviously fabricated” allegations.

Patel’s legal team has argued that the article presented disputed claims as fact and that The Atlantic failed to accurately portray his record and performance.

The lawsuit contends that the publication crossed the line between protected criticism and unlawful defamation by publishing allegations that Patel says were false.

In a motion filed Monday in U.S. District Court in Washington, D.C., The Atlantic argued that Patel’s lawsuit should be dismissed because the article involved matters of public interest and concerned the conduct of a senior government official.

The magazine’s attorneys argued that Patel is attempting to use litigation to challenge reporting he disagrees with.

“The Atlantic” wrote in its filing that Patel “brings this defamation action against The Atlantic for publishing an undeniably newsworthy article about his job performance that he finds politically inconvenient.”

The magazine argued that scrutiny of government officials — including reporting that may be critical or uncomfortable — is a central protection of the First Amendment.

The Atlantic’s filing described Patel’s allegations as “meritless” and argued that allowing the case to proceed could discourage journalists from investigating powerful public figures.

The magazine also argued that Patel has filed multiple defamation lawsuits against media organizations in recent years and has not prevailed in those cases.

“By filing these suits, Director Patel sends an ominous message to the press: publishing reporting that he does not like comes at a high cost,” The Atlantic’s motion said.

Patel’s attorneys have argued that the lawsuit is not an attempt to restrict legitimate journalism but rather an effort to hold the magazine accountable for what they describe as false reporting.

His legal team has maintained that while journalists have broad protections to report on public figures, the First Amendment does not shield publications from liability for knowingly publishing false statements that damage a person’s reputation.

The Atlantic Editor in Chief Jeffrey Goldberg said the magazine is seeking dismissal of the lawsuit while also asking the court to allow discovery, including requests for documents and testimony from the FBI and the Department of Justice.

“The Motion to Dismiss filed today by The Atlantic explains why this lawsuit is meritless and should be dismissed as a matter of law,” Goldberg said in a statement.

Goldberg said the magazine wants access to records and testimony that could address allegations raised in the lawsuit.

“We are simultaneously asking the court to permit us to begin seeking factual discovery from the FBI and the Department of Justice — including documents and depositions of key individuals — that is appropriate given the allegations in this matter,” Goldberg said.

“If Director Patel did not want to face this process, he should not have filed this suit,” he added.

Goldberg said The Atlantic intends to continue defending its reporting and its journalists.

“We will defend The Atlantic and its staff vigorously; we will not be intimidated by acts of politically motivated retaliation; we will continue to cover the FBI professionally, fairly, and thoroughly; and we will continue to practice journalism in the public interest,” Goldberg said.

The court will now consider The Atlantic’s request to dismiss the case as Patel continues to pursue claims that the magazine’s reporting amounted to defamation.