Judge to Weigh Fox News, Dominion Arguments Ahead of Defamation Trial
A Delaware judge on Tuesday will hear arguments from Fox News and Dominion Voting Systems on why each side thinks it should be declared the victor in their closely watched defamation case before the dispute goes to trial next month.
Dominion sued Fox News for defamation in 2021, seeking $1.6 billion in damages on allegations that the network endorsed false claims that the voting-machine company helped rig the presidential election against former President
Donald Trump.
Fox News says it was reporting on newsworthy allegations made by the president’s supporters.
Superior Court Judge Eric Davis has received competing legal motions from Fox and Dominion attempting to sway him that enough evidence exists for their respective positions to prevail without the case going to a jury.
SHARE YOUR THOUGHTS
What do you expect will come of the Dominion-Fox News defamation case? Join the conversation below.
The bar for proving defamation is high, and will require Dominion to prove that Fox News acted with actual malice, by either knowingly publishing a false statement or showing a reckless disregard for the truth.
Evidence presented so far by Dominion in court documents includes internal communications and interviews from Fox executives and on-air hosts privately expressing skepticism about the allegations against Dominion, even while Fox News and Fox Business programs broadcast appearances in which Trump allies such as
Sidney Powell
and
Rudy Giuliani
made the allegations on air.
Fox Corp. and News Corp, the parent of Wall Street Journal publisher Dow Jones & Co., share common ownership.
Dominion’s court papers cited hundreds of pages of material, including a deposition in which
Rupert Murdoch,
the chair of Fox News parent Fox Corp., said some Fox News and Fox Business commentators endorsed the idea of a stolen election to varying degrees. Mr. Murdoch said Fox News itself didn’t endorse that narrative but could have been stronger in denouncing it, according to the filing.
PHOTOS: What Fox News Insiders Said Privately About Election-Fraud Claims
Other internal documents cited by Dominion indicated there was a deep fissure in the network between high-profile prime-time opinion hosts and other personnel who were deeply skeptical of election-fraud claims.
Fox says Dominion cherry-picked quotes from internal network communications without context and that much of the voting-technology company’s alleged evidence isn’t relevant to its defamation claims. It also says Dominion hasn’t suffered the kind of financial harm it claims.
Write to Erin Mulvaney at [email protected]
Copyright ©2022 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8
A Delaware judge on Tuesday will hear arguments from Fox News and Dominion Voting Systems on why each side thinks it should be declared the victor in their closely watched defamation case before the dispute goes to trial next month.
Dominion sued Fox News for defamation in 2021, seeking $1.6 billion in damages on allegations that the network endorsed false claims that the voting-machine company helped rig the presidential election against former President
Donald Trump.
Fox News says it was reporting on newsworthy allegations made by the president’s supporters.
Superior Court Judge Eric Davis has received competing legal motions from Fox and Dominion attempting to sway him that enough evidence exists for their respective positions to prevail without the case going to a jury.
SHARE YOUR THOUGHTS
What do you expect will come of the Dominion-Fox News defamation case? Join the conversation below.
The bar for proving defamation is high, and will require Dominion to prove that Fox News acted with actual malice, by either knowingly publishing a false statement or showing a reckless disregard for the truth.
Evidence presented so far by Dominion in court documents includes internal communications and interviews from Fox executives and on-air hosts privately expressing skepticism about the allegations against Dominion, even while Fox News and Fox Business programs broadcast appearances in which Trump allies such as
Sidney Powell
and
Rudy Giuliani
made the allegations on air.
Fox Corp. and News Corp, the parent of Wall Street Journal publisher Dow Jones & Co., share common ownership.
Dominion’s court papers cited hundreds of pages of material, including a deposition in which
Rupert Murdoch,
the chair of Fox News parent Fox Corp., said some Fox News and Fox Business commentators endorsed the idea of a stolen election to varying degrees. Mr. Murdoch said Fox News itself didn’t endorse that narrative but could have been stronger in denouncing it, according to the filing.
PHOTOS: What Fox News Insiders Said Privately About Election-Fraud Claims
Other internal documents cited by Dominion indicated there was a deep fissure in the network between high-profile prime-time opinion hosts and other personnel who were deeply skeptical of election-fraud claims.
Fox says Dominion cherry-picked quotes from internal network communications without context and that much of the voting-technology company’s alleged evidence isn’t relevant to its defamation claims. It also says Dominion hasn’t suffered the kind of financial harm it claims.
Write to Erin Mulvaney at [email protected]
Copyright ©2022 Dow Jones & Company, Inc. All Rights Reserved. 87990cbe856818d5eddac44c7b1cdeb8
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