![]() ![]() “The context supports the position that the statements were not pure opinion when they were made by newscasters holding themselves out to be sources of accurate information,” Davis wrote.ĭavis additionally wrote in his ruling that even if the statements were opinion, Fox News would not be protected under the Constitution, given that they appeared to “charge Dominion with the serious crime of election fraud.” Fox had asked Davis to rule that the statements were “pure opinion,” and therefore couldn’t be defamatory under the First Amendment. The judge gave Dominion a boost by determining that the on-air statements at the heart of the litigation were either factual assertions or “mixed opinion,” which might make it harder for Fox to defend itself in front of the jury. Judge in Dominion defamation case skeptical of Fox's arguments, as both sides seek a pretrial win (L to R) Rupert Murdoch, executive chairman of News Corp and chairman of Fox News, and Lachlan Murdoch, co-chairman of 21st Century Fox, walk together as they arrive on the third day of the annual Allen & Company Sun Valley Conference, Jin Sun Valley, Idaho. “Most of the contested statements were made before any lawsuit had been filed in court,” Davis wrote, adding that out of the nearly 20 broadcasts on Fox’s networks that Dominion claims damaged their reputation, “only one broadcast at issue even mentioned Ms. That legal doctrine protects journalists who report on what is being said at official proceedings, like congressional hearings, or on allegations being levied in court filings, like in a civil lawsuit.ĭavis pointed out that the timeline of Fox’s on-air statements didn’t sync up with the lawsuits, many filed by pro-Trump lawyers like Sidney Powell, that sought to overturn the 2020 election. The judge also blocked Fox News from using the “fair report privilege” with the jury. “(Fox News’) failure to reveal extensive contradicting evidence from the public sphere and Dominion itself indicates that its reporting was not disinterested.” “The evidence does not support that (Fox News) conducted good-faith, disinterested reporting,” Davis wrote. Dominion had argued that Fox News hosts essentially took a side while covering the fallout of the 2020 election, by throwing their weight behind the false idea that the results were illegitimate, and Dominion was to blame. ![]() On the whole, these findings from Davis take away several key arguments that Fox could’ve presented to the jury, making it harder for them to prevail at trial.ĭavis 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. “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.” “This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news,” a Fox spokesperson said in a statement after the ruling. They’ve argued that their conspiracy theory-filled broadcasts after the 2020 election were protected by the First Amendment, because their on-air reporters were merely reporting on “newsworthy allegations.” Jury selection is scheduled to begin on April 13 in Wilmington, Delaware.įox News and its parent company, Fox Corporation, deny all wrongdoing. ![]() ![]() Unless there is an out-of-court settlement - which is always possible - Davis’ ruling means jurors will need to decide whether Fox News defamed Dominion by repeatedly promoting false claims that the voting technology company rigged the 2020 presidential election by flipping millions of votes from Donald Trump to Joe Biden. “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. But one question jurors won’t need to weigh, he concluded, was whether Fox’s claims about Dominion were true or false. After thousands of pages of filings and exhibits, and a series of courtroom clashes, Davis decided the case should go to trial. The judge’s decision is a painful setback for Fox News and sets the stage for an agonizing, weekslong trial, where the network’s highest-ranking executives and most prominent hosts could be called to the stand to testify about the 2020 election lies that were promoted on its air.īoth sides had asked Delaware Superior Court Judge Eric Davis for a pretrial ruling in their favor, declaring them the winner. Dominion Voting Systems’ historic defamation case against Fox News will proceed to a high-stakes jury trial in mid-April, a Delaware judge ruled Friday, in a major decision that dismantled several of the right-wing network’s key defenses. ![]()
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