Fox News

2023 - 3 - 31

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Image courtesy of "CNN"

Dominion defamation case against Fox News will go to trial next ... (CNN)

Dominion Voting Systems' historic defamation case against Fox News will proceed to a high-stakes jury trial next month, a Delaware judge ruled Friday, ...

And after the 2020 election, its most prominent stars and top executives privately trashed the conspiracy theories that were being spread on-air, according to internal text messages and emails [revealed](https://www.cnn.com/2023/02/16/media/fox-news-stars-executives-court-documents/index.html) in court filings. Fox had asked Davis to rule that the statements were “pure opinion,” and therefore couldn’t be defamatory under the First Amendment. Despite what appeared on air, Fox News executives and hosts privately criticized the Trump camp for pushing claims of election fraud. “We are gratified by the Court’s thorough ruling soundly rejecting all of Fox’s arguments and defenses, and finding as a matter of law that their statements about Dominion are false. Fox has argued that a loss will eviscerate press freedoms, and many scholars agree that the bar should remain high to prove defamation. These revelations drove a dagger through the idea that Fox News is anything but a partisan GOP operation focused on ratings — not journalism. “Fox will continue to fiercely advocate for the rights of free speech and a free press as we move into the next phase of these proceedings.” The judge also blocked Fox News from using the “fair report privilege” with the jury. Davis ruled that Fox News can’t invoke the “neutral report privilege,” which protects journalists who neutrally pass along newsworthy allegations in an unbiased fashion. In his 130-page ruling, Davis dismantled several of Fox News’ potential trial defenses, dealing a significant blow to the network. Both sides had asked Delaware Superior Court Judge Eric Davis for a pretrial ruling in their favor, declaring them the winner. But one question jurors won’t need to weigh, he concluded, was whether Fox’s claims about Dominion were true or false.

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Fox News loss: Judge lets Dominion's defamation case go to trial (NBC News)

A judge denied granting summary judgment to Fox News in its attempt to get Dominion Voting System's $1.6 billion defamation lawsuit thrown out Friday.

[Here's what Fox News was trying to hide in its Dominion lawsuit redactions](https://www.nbcnews.com/politics/elections/dominion-releases-previously-redacted-slides-fox-news-lawsuit-rcna77257) [Fox News producer alleges network coerced her into giving misleading testimony on Dominion](https://www.nbcnews.com/politics/politics-news/fox-news-producer-alleges-network-coerced-testimony-dominion-case-rcna75871) [Fox News executives discussed a plan to denounce the 'Trump myth' a day before the Jan. “The Court finds there are genuine issues as to material facts on whether FC 'published' the Statements,” he wrote, noting that Fox Corp. In his ruling, the judge rejected Fox's arguments. "We are gratified by the Court’s thorough ruling soundly rejecting all of Fox’s arguments and defenses, and finding as a matter of law that their statements about Dominion are false. “This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news. “The Court finds, as a matter of law, that the Statements are either fact or mixed opinion,” he wrote. “It is wrong, legally and morally, to knowingly spread lies. The jury will be asked to consider whether Fox News journalists acted with actual malice — knowing falsity or reckless disregard for the truth — in publishing the claims, and whether damages are due. It also contended the claims were made with “actual malice,” which is defined as being made with “knowledge that it was false or with reckless disregard of whether it was false or not.” FOX will continue to fiercely advocate for the rights of free speech and a free press as we move into the next phase of these proceedings,” a Fox News spokesperson said in a statement. in the publication of the alleged defamatory statements. “The evidence developed in this civil proceeding demonstrates that is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true,” Davis wrote in his 81-page ruling, emphasizing the word "crystal" in his ruling.

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Image courtesy of "The Hill"

Judge sends Dominion's $1.6 billion lawsuit against Fox News to trial (The Hill)

A judge in Delaware has ordered a jury trial in Dominion Voting Systems' blockbuster lawsuit against Fox News, setting the stage for one of the most ...

“Dominion has offered proof demonstrating that the allegations were substantially false,” Davis wrote. “The evidence developed in this civil proceeding demonstrates that is CRYSTAL clear than none of the Statements relating to Dominion about the 2020 election are true. “Maybe Sean and Laura went too far,” Murdoch wrote to Scott. “We look forward to going to trial.” “I realized that the answers that they wanted me to say were putting me in a very vulnerable position to be the company scapegoat.” Davis’ judgement also came on the heels of a separate lawsuit filed by a former top producer at Fox who alleges she was coached in “a coercive and intimidating manner” to protect executives and on-air talent as part of the Dominion suit. [Rupert Murdoch,](https://thehill.com/people/rupert-murdoch/) owner and co-chairman of Fox Corp., worried to Fox News Media CEO [Suzanne Scott ](https://thehill.com/people/suzanne-scott/)that top hosts [Sean Hannity ](https://thehill.com/people/sean-hannity/)and [Laura Ingraham ](https://thehill.com/people/laura-ingraham/)“went too far” in endorsing former President Trump’s false claims about the 2020 election, fillings from Dominion showed. “Comparing the allegations at issue to the truth, the truth would have likely had a different outcome on the average viewer, as the statements at issue were dramatically different than the truth.” “Fox will continue to fiercely advocate for the rights of free speech and a free press as we move into the next phase of these proceedings,” the network said. Fox said in its own statement that “this case is and always has been about the First Amendment protections of the media’s absolute right to cover the news.” “We are gratified by the Court’s thorough ruling soundly rejecting all of Fox’s arguments and defenses, and finding as a matter of law that their statements about Dominion are false,” Dominion said in a statement to The Hill on Friday. The process of discovery has been an embarrassing one for the nation’s top-rated network, with a number of private communications and depositions by leading hosts and executives at the network in the post-election period brought to light.

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Image courtesy of "Forbes"

Fox News' Claims About Dominion Were False, Judge Rules—But ... (Forbes)

The evidence in the case “demonstrates that is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true,” the judge ...

The Fox case has garnered the most attention of the company’s lawsuits, as recent court filings in the case have revealed [dozens of comments](https://www.forbes.com/sites/alisondurkee/2023/03/10/dominion-v-fox-news-here-are-the-most-explosive-comments-anchors-and-rupert-murdoch-made-about-the-2020-election-behind-the-scenes/?sh=1d9fa141aaeb) from such figures as Carlson, Hannity and Rupert Murdoch casting doubt on the fraud claims. [defamation cases](https://www.forbes.com/sites/alisondurkee/2023/02/15/court-lets-lawsuit-against-fox-news-move-forward-heres-where-dominion-and-smartmatics-defamation-suits-stand-now/?sh=5b568e42364a) the company and rival Smartmatic have brought against right-wing figures and news, including a separate Smartmatic case against Fox and several of its anchors. Carlson called the fraud claims “insane” and “absurd” and said he “hate[s] [Trump] passionately,” for instance, while Murdoch [admitted](https://www.forbes.com/sites/nicholasreimann/2023/02/27/murdoch-admits-fox-news-hosts-pushed-false-election-fraud-claims/?sh=5fb159d3494b) he did not believe the fraud claims but did not stop election deniers from appearing on the network and said, “I would have liked us to be stronger in denouncing [the fraud claims] in hindsight.” Defamation cases have typically been hard to prove in court, as plaintiffs must prove that the alleged defamer acted with “actual malice” knowing their claims were false, but legal experts have [speculated](https://www.latimes.com/entertainment-arts/business/story/2023-03-01/whats-next-for-fox-news-after-rupert-murdochs-bombshell-testimony-in-the-dominion-case) the substantial evidence of Fox officials discussing the fraud claims could be enough to meet that burden. [denied](https://courts.delaware.gov/Opinions/Download.aspx?id=345820) motions by Fox News and Dominion for summary judgment—which would have meant the case was decided without a trial—but did rule on Dominion’s allegations that claims made about its voting machines on Fox News were false. That’s how much Dominion is asking Fox to pay for its alleged defamation, though the final amount could end up being higher or lower based on what the jury decides. [to testify](https://edition.cnn.com/2023/03/21/business/fox-news-dominion-summary-judgment?utm_source=business_ribbon), which Fox has opposed. The trial is expected to be a high-profile affair, and Dominion has pushed for Fox Corporation chair Rupert Murdoch Fox has strongly opposed the $1.6 billion figure as being disproportionately high based on Dominion’s value as a company and its losses stemming from the fraud claims. Other major [witnesses](https://www.theguardian.com/media/2023/mar/28/dominion-lawsuit-fox-news-hosts-executives-testify) who are likely to testify include Tucker Carlson, Sean Hannity, Jeanine Pirro and Fox Corp CEO Lachlan Murdoch. and is it to settle for a few hundred million dollars and walk away and never discuss it again,” media law expert Daniel Novack told the [Hollywood Reporter](https://www.hollywoodreporter.com/business/business-news/fox-news-dominion-lawsuit-first-amendment-1235354193/), while former federal prosecutor Tim Heaphy told [MSNBC](https://www.msnbc.com/deadline-white-house/deadline-legal-blog/fox-news-settle-dominion-rcna74038) he believes Dominion wouldn’t want to settle because “they want a lot of these facts to be laid bare in a courtroom in a public proceeding.” It’s still possible the case could be resolved before then if the two sides agree to settle, though so far there hasn’t been [any indication](https://www.forbes.com/sites/alisondurkee/2023/03/03/fox-unlikely-to-settle-with-dominion-over-election-lies-as-high-stakes-trial-nears-experts-say/?sh=5a7ec36e3c7f) that will happen. Sources at Fox cited by the [Los Angeles Times](https://www.latimes.com/entertainment-arts/business/story/2023-03-01/whats-next-for-fox-news-after-rupert-murdochs-bombshell-testimony-in-the-dominion-case) in early March said there was “no sign a settlement is near,” and legal experts are divided on whether they think the case could end before it goes to trial.

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Image courtesy of "SFGate"

Judge: Dominion defamation case against Fox will go to trial (SFGate)

WILMINGTON, Del. (AP) — A voting machine company's defamation case against Fox News over its airing of false allegations about the 2020 presidential ...

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Judge rejects Fox motions, allows Dominion's $1.6 billion ... (CNBC)

The defamation lawsuit between Fox and Dominion looks to be moving forward to a trial in April as a Delaware judge rejects all of Fox's motions.

The depositions of both Murdochs, as well as other Fox Corp. Attorneys have built the media company's case around the notion that "any reasonable viewer" of the news would be able to discern what was allegations or facts on Fox's networks. "The statements also seem to charge Dominion with the serious crime of election fraud. executives, are to be included in the trial, too. Still, Dominion argues, Fox continued to host guests such as Trump attorneys Rudy Giuliani and Sidney Powell, who repeated erroneous claims of election fraud. Dominion has argued Fox defamed the company, affecting its business, and acted with malice. In recent weeks, a trove of evidence has been released as part of the case, showing the hosts, as well as Rupert Murdoch, Last year, as part of Dominion's evidence gathering, the company deposed executives at both Fox Corp. "This case is and always has been about the First Amendment protections of the media's absolute right to cover the news. The former president, [who was indicted](https://www.cnbc.com/2023/03/31/trump-indicted-ny-grand-jury.html) Thursday in an unrelated criminal matter, has repeatedly made false claims about the election being rigged against him. Judge Eric Davis of Delaware's Superior Court rejected Fox's arguments that it should bypass a trial since it's protected by the First Amendment. We look forward to going to trial," Dominion said late Friday afternoon.

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Delaware jury to decide if Fox is liable for defaming Dominion, judge ... (Reuters)

A jury will decide whether Fox Corp defamed Dominion Voting Systems with false vote-rigging claims aired by Fox News after the 2020 U.S. election, ...

“This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news," Fox said in a statement. Fox has argued that its coverage of the election claims was protected by press freedoms enshrined in the U.S. Delaware Superior Court Judge Eric Davis denied motions from Fox and partially granted Dominion motions to resolve the issue of defamation liability ahead of the scheduled April 17 trial date. The trial, to be held in Wilmington, is expected to last roughly four weeks. It is possible the parties could still settle the case. election, a Delaware judge ruled on Friday, dealing a setback to the media company that had sought to avoid a trial in the $1.6 billion lawsuit.

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Judge lets Dominion's defamation case against Fox News go to trial (The Guardian)

Federal judge refuses to dismiss $1.6bn defamation lawsuit against network, allowing the case to proceed to trial in mid-April.

“This case is and always has been about the first amendment protections of the media’s absolute right to cover the news,” the statement read. “Therefore, the Court will grant summary judgment in favor of Dominion on the element of falsity.” “We are gratified by the Court’s thorough ruling soundly rejecting all of Fox’s arguments and defenses, and finding as a matter of law that their statements about Dominion are false,” they wrote.

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Image courtesy of "Variety"

Dominion Defamation Suit Against Fox News Can Go To Trial ... (Variety)

Dominion Voting's $1.6 billion defamation suit versus Fox News Channel appears headed to court after a judge's ruling Friday.

“This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news,” Fox said in a statement. Among the Fox luminaries Dominion expects to call to the stand are Fox News Media CEO Suzanne Scott; prominent anchors like Tucker Carlson and Maria Bartiromo; and “Therefore, the Court will grant summary judgment in favor of Dominion on the element of falsity.” Still, he ruled that the statements Dominion had challenged constitute defamation “per se” under New York law, which means Dominion doesn’t have to prove damages to establish that Fox could be liable. It is the second legal proceeding made against Fox News for its coverage of the aftermath of the 2020 race for the White House. “We look forward to going to trial.” The case is expected to begin April 17.

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Dominion Will See Fox News In Court After Judge Rules the Election ... (Gizmodo)

The courts denied that Fox News' motion that its propagation of the 'Big Lie' was regular journalism protected under the first amendment.

In records from [Fox Corporation Chair Rupert Murdoch’s deposition](https://gizmodo.com/rupert-murdoch-fox-news-trump-dominion-voting-1850170272), the venerable scion of conservative media around the globe said he could have stopped Fox News from bringing on the election conspiracists, but [chose not to](https://gizmodo.com/rupert-murdoch-fox-news-trump-dominion-voting-1850170272/slides/4). The judge added the evidence is “CRYSTAL clear [emphasis his] that none of the Statements relating to Dominion about the 2020 election are true.” A trial is set to start sometime in April. In its summary judgment request, Fox News has tried to argue that its promotion of the big lie was just common journalist practice by discussing the election allegations coming from Trump. Dominion has filed similar lawsuits against [ultra-conservative networks like Newsmax and OAN](https://gizmodo.com/dominion-voting-systems-sues-patrick-byrne-newsmax-an-1847458370). [ruled](https://www.scribd.com/document/635234291/Domion-V-Fox-Decision-Actual-Malice) that Dominion Voting Systems has not yet proved Fox acted with libelous intent by promoting the election was stolen from [former President Donald Trump](https://gizmodo.com/trump-voting-machine-data-rudy-giuliani-dominion-1849414185). [Dominion kicked up the hornet’s nest when it brought its $1.6 billion defamation lawsuit](https://gizmodo.com/dominion-comes-for-fox-news-1846560454) against Fox News back in 2021.

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Judge rules Fox hosts' claims about Dominion were false, says trial ... (NPR)

Delaware Superior Court Judge Eric M. Davis ruled Friday that Dominion Voting Systems' blockbuster defamation suit against Fox News over baseless claims it ...

Dominion's spokesperson said the company was "gratified by the Court's thorough ruling soundly rejecting all of Fox's arguments and defenses, and finding as a matter of law that their statements about Dominion are false. "This case is and always has been about the First Amendment protections of the media's absolute right to cover the news," a Fox News spokeswoman said. "When viewed in the full context of the overall communication expressed during the segment, a reasonable viewer would understand that the Statement is asserting facts regarding Dominion, not an opinion." In a further instance, Davis ruled against Fox's argument of a "neutral reporting" privilege that protects it from any liability if it accurately conveys the allegations of newsworthy people. "A lot of the arguments that Fox has been making are now gone. "We now have a finding, as a matter of law, that Fox defamed Dominion," says Thomas Wienner, a retired Michigan-based corporate litigator who has been monitoring the case for NPR.

Dominion's Fox News defamation case headed to trial (The Maitland Mercury)

A jury will decide whether Fox Corp defamed Dominion Voting Systems with false vote-rigging claims aired by Fox...

Fox has also argued Dominion's suit advances an overly broad interpretation of US defamation law and is a threat to freedom of the press. The judge ruled in Dominion's favour on some elements of defamation including that the allegedly defamatory statements by Fox concerned Dominion, that the statements had been published by Fox and were false. "This case is and always has been about the First Amendment protections of the media's absolute right to cover the news," Fox said in a statement. "Fox will continue to fiercely advocate for the rights of free speech and a free press as we move into the next phase of these proceedings." The ruling puts the high-profile case in the hands of a jury that will determine whether Fox acted with actual malice and whether Dominion suffered any damages. In a setback to the media company that had sought to avoid a trial in the $US1.6 billion ($A2.4 billion) lawsuit, Delaware Superior Court Judge Eric Davis on Friday denied motions from Fox and partially granted Dominion motions to resolve the issue of defamation liability ahead of the scheduled April 17 trial date.

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Image courtesy of "The Sydney Morning Herald"

'Crystal clear': Judge sends defamation case against Fox to trial (The Sydney Morning Herald)

Superior Court Judge Eric Davis ruled that it was “CRYSTAL clear” that none of the allegations made by Trump allies on Fox in the weeks after the election were ...

The US Supreme Court limited the ability of public figures to sue for defamation in a 1964 case involving The New York Times. Davis ruled that the statements Dominion had challenged constituted defamation “per se” under New York law. Dominion claims it has lost millions of dollars in business because this belief spread across the country; Fox contends its claims are overblown. “Fox knew the truth,” Dominion argued in court papers. “It knew the allegations against Dominion were ‘outlandish’ and ‘crazy’ and ‘ludicrous’ and ‘nuts’. Dominion has sued Fox for $US1.6 billion ($2.3 billion).

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