Janklow's suits were dismissed based on First Amendment protection of free speech. He filed a libel suit against "Newsweek" based on an article in the weekly's February 21, 1983, issue that included the disputed passage by Dennis Banks. "Janklow v. Newsweek Inc." (1986), was brought before the United States Court of Appeals for the Eighth Circuit "en banc" appealing the decision of the Hon. John B. Jones, United States District Judge for the District of South Dakota, that "Newsweek" magazine had not defamed Janklow. The lower court's decision was affirmed by the appeals court, with BOWMAN, Circuit Judge, joined by ROSS and FAGG, Circuit Judges, dissenting.