Defamation Suit About Election Falsehoods Puts Fox on Its Heels

Authored by nytimes.com and submitted by HauntingJackfruit
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“We’re litigating history in a way: What is historical truth?” said Lee Levine, a noted First Amendment lawyer who has argued several major media defamation cases. “Here you’re taking very recent current events and going through a process which, at the end, is potentially going to declare what the correct version of history is.”

The case has caused palpable unease at the Fox News Channel, said several people there, who would speak only anonymously. Anchors and executives have been preparing for depositions and have been forced to hand over months of private emails and text messages to Dominion, which is hoping to prove that network employees knew that wild accusations of ballot rigging in the 2020 election were false. The hosts Steve Doocy, Dana Perino and Shepard Smith are among the current and former Fox personalities who either have been deposed or will be this month.

Dominion is trying to build a case that aims straight at the top of the Fox media empire and the Murdochs. In court filings and depositions, Dominion lawyers have laid out how they plan to show that senior Fox executives hatched a plan after the election to lure back viewers who had switched to rival hard-right networks, which were initially more sympathetic than Fox was to Mr. Trump’s voter-fraud claims.

Libel law doesn’t protect lies. But it does leave room for the media to cover newsworthy figures who tell them. And Fox is arguing, in part, that’s what shields it from liability. Asked about Dominion’s strategy to place the Murdochs front and center in the case, a Fox Corporation spokesman said it would be a “fruitless fishing expedition.” A spokeswoman for Fox News said it was “ridiculous” to claim, as Dominion does in the suit, that the network was chasing viewers from the far-right fringe.

Fox is expected to dispute Dominion’s estimated self-valuation of $1 billion and argue that $1.6 billion is an excessively high amount for damages, as it has in a similar defamation case filed by another voting machine company, Smartmatic.

A spokesman for Dominion declined to comment. In its initial complaint, the company’s lawyers wrote that “The truth matters,” adding, “Lies have consequences.”

LittleBallOfWait on August 13rd, 2022 at 14:51 UTC »

I sincerely hope they put the fucking Fox liars out of business.

chanepic on August 13rd, 2022 at 14:50 UTC »

They’re still doing it. They should be sued everyday.

HauntingJackfruit on August 13rd, 2022 at 14:49 UTC »

First Amendment scholars say the case is a rarity in libel law. Defamation claims typically involve a single disputed statement. But Dominion’s complaint is replete with example after example of false statements, many of them made after the facts were widely known. And such suits are often quickly dismissed, because of the First Amendment’s broad free speech protections and the high-powered lawyers available to a major media company like Fox. If they do go forward, they are usually settled out of court to spare both sides the costly spectacle of a trial.

But Dominion’s $1.6 billion case against Fox has been steadily progressing in Delaware state court this summer, inching ever closer to trial. There have been no moves from either side toward a settlement, according to interviews with several people involved in the case. The two companies are deep into document discovery, combing through years of each other’s emails and text messages, and taking depositions.

These people said they expected Rupert and Lachlan Murdoch, who own and control the Fox Corporation, to sit for depositions as soon as this month.