Fox News set for explosive trial after judge rules on Dominion lawsuit

Georgetown, Delaware - A Delaware judge denied Fox News’ motion to dismiss Dominion Voting Systems’ $1.6 billion defamation suit against the network on Friday, sending the case to trial.

Delaware judge denied Fox News’ motion to dismiss Dominion Voting Systems’ $1.6 billion defamation suit against the network on Friday, sending the case to trial.
Delaware judge denied Fox News’ motion to dismiss Dominion Voting Systems’ $1.6 billion defamation suit against the network on Friday, sending the case to trial.  © REUTERS

A jury will be asked to determine whether the network committed actual malice when it presented false voter fraud allegations in the 2020 election.

The ruling by Justice Eric Davis issued Friday granted Dominion’s contention that Fox News published false information about the voting machine company in the weeks after the election, when outgoing President Donald Trump and his allies spread the false allegations.

"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 an order.

In the wake of the election, Trump’s attorneys repeatedly said Dominion manipulated votes to swing the race to President Joe Biden and made other false statements about the company’s ownership.

Fox news execs and anchors may be put on the stand

Davis did not grant summary judgment to Dominion on the company’s claims that Fox News acted with malice when it presented the falsehoods, an issue that now will be weighed at trial. The jury also will decide if Dominion is entitled to any damages.

"The parties have generated a record that shows disputed material facts," Davis wrote.

The jury trial in Delaware is expected to begin April 17, in what is likely to be a media spectacle.

Executives and high-profile Fox News anchors, who have already given explosive deposition testimony, could be called to the witness stand to discuss their actions in public, under oath.

Judge rejects Fox News claims that it was neutrally reporting facts

Executives and high-profile Fox News anchors, who have already given explosive deposition testimony, could be called to the witness stand.
Executives and high-profile Fox News anchors, who have already given explosive deposition testimony, could be called to the witness stand.  © MICHAEL M. SANTIAGO / GETTY IMAGES NORTH AMERICA / GETTY IMAGES VIA AFP

Fox News has argued that the allegations presented on the network by Trump and his attorneys were newsworthy – even if untrue – and that the network’s reporting was protected by the First Amendment.

The company cited "neutral reportage privilege," which protects media organizations against libel claims if they accurately and objectively report newsworthy charges made against public figures as part of an ongoing controversy.

Davis rejected that defense, saying it fails to shield Fox News from liability.

Dominion’s legal team countered that Fox News has gone far beyond that realm because it presented the voter fraud claims and Dominion’s alleged involvement well after the allegations were dismissed by government agencies, producers and journalists inside the network.

Davis ruled "the record is clear" that Fox News aired the statements and that in defamation claims, "All who take part in the procurement, composition and publication of a libel are responsible in law and equally so."

Cover photo: REUTERS

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