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Fox News and its parent company, Fox Corporation, are accused of spreading false claims that Dominion Voting Systems’ machines were used to rig the 2020 US presidential election in favor of Democrat Joe Biden over Republican-then President Donald Trump. Dominion is seeking $1.6 billion in damages.
The trial has been described as a test of whether Fox’s coverage crossed the line between ethical journalism and the pursuit of ratings, as Dominion alleges and Fox denies. If the court finds that Fox knowingly spread false information or recklessly disregarded the truth, the standard of “actual malice” that Dominion must show to prevail in a defamation case, it could have far-reaching implications for the media landscape in the US.
Fox has argued that its coverage of the vote-rigging claims was inherently newsworthy and protected by the US Constitution’s First Amendment guarantee of press freedom. However, Delaware Superior Court Judge Eric Davis rejected that argument in a ruling last month.
The trial is one of the most closely watched US defamation cases in years, involving a leading cable news outlet with numerous conservative commentators. Rupert Murdoch, the chair of Fox Corp, is set to testify during the trial, along with a parade of Fox executives and on-air hosts, including Tucker Carlson, Sean Hannity, and Jeanine Pirro.
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The evidence to be presented in the trial includes recordings of Rudy Giuliani, Trump’s lawyer, saying in pre-taped Fox appearances that he did not have any evidence to back up Dominion’s false allegations of election rigging. The recordings were made by a former Fox producer named Abby Grossberg in her separate lawsuit against the network.
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On Wednesday, Judge Davis sanctioned Fox News, handing Dominion a fresh chance to gather evidence after Fox withheld records until the eve of the trial. Davis said he would also very likely tap an outside investigator to probe Fox’s late disclosure of the evidence and take whatever steps necessary to remedy the situation, which he described as troubling.
Fox has said the $1.6 billion in damages being sought by Dominion is unrealistic and based on flawed economic modeling. An expert report commissioned by Dominion attributed scores of lost contracts to Fox’s coverage, though much of the report remains under seal.
Fox claimed in filing on Sunday that Dominion had agreed to knock off more than $500 million of its damages claim. Fox’s filing cited a Friday email from a Dominion lawyer saying that Dominion would not pursue its lost profit claim at the trial. A Dominion spokesperson disputed that characterization on Monday, saying in an email that the company’s damages have not changed.
Dominion has said Fox’s conduct was damaging to American democracy and that the network must be held accountable. In contrast, Fox said on Friday that Dominion’s lawsuit was a threat to press freedom. The outcome of the trial could set a precedent for how news organizations report on contentious political issues in the future.
As the trial resumes with jury selection on Tuesday, all eyes will be on the outcome of this high-stakes legal battle between Dominion and Fox.
