FOX news

Dominion Voting Systems' historic defamation case against Fox News will proceed to a high-stakes jury trial next month, a Delaware judge ruled Friday, ...

And after the 2020 election, its most prominent stars and top executives privately trashed the conspiracy theories that were being spread on-air, according to internal text messages and emails [revealed](https://www.cnn.com/2023/02/16/media/fox-news-stars-executives-court-documents/index.html) in court filings. Fox had asked Davis to rule that the statements were “pure opinion,” and therefore couldn’t be defamatory under the First Amendment. Despite what appeared on air, Fox News executives and hosts privately criticized the Trump camp for pushing claims of election fraud. “We are gratified by the Court’s thorough ruling soundly rejecting all of Fox’s arguments and defenses, and finding as a matter of law that their statements about Dominion are false. Fox has argued that a loss will eviscerate press freedoms, and many scholars agree that the bar should remain high to prove defamation. These revelations drove a dagger through the idea that Fox News is anything but a partisan GOP operation focused on ratings — not journalism. “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.” The judge also blocked Fox News from using the “fair report privilege” with the jury. Davis 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. Both sides had asked Delaware Superior Court Judge Eric Davis for a pretrial ruling in their favor, declaring them the winner. But one question jurors won’t need to weigh, he concluded, was whether Fox’s claims about Dominion were true or false.

A judge denied granting summary judgment to Fox News in its attempt to get Dominion Voting System's $1.6 billion defamation lawsuit thrown out Friday.

[Here's what Fox News was trying to hide in its Dominion lawsuit redactions](https://www.nbcnews.com/politics/elections/dominion-releases-previously-redacted-slides-fox-news-lawsuit-rcna77257) [Fox News producer alleges network coerced her into giving misleading testimony on Dominion](https://www.nbcnews.com/politics/politics-news/fox-news-producer-alleges-network-coerced-testimony-dominion-case-rcna75871) [Fox News executives discussed a plan to denounce the 'Trump myth' a day before the Jan. “The Court finds there are genuine issues as to material facts on whether FC 'published' the Statements,” he wrote, noting that Fox Corp. In his ruling, the judge rejected Fox's arguments. "We are gratified by the Court’s thorough ruling soundly rejecting all of Fox’s arguments and defenses, and finding as a matter of law that their statements about Dominion are false. “This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news. “The Court finds, as a matter of law, that the Statements are either fact or mixed opinion,” he wrote. “It is wrong, legally and morally, to knowingly spread lies. The jury will be asked to consider whether Fox News journalists acted with actual malice — knowing falsity or reckless disregard for the truth — in publishing the claims, and whether damages are due. It also contended the claims were made with “actual malice,” which is defined as being made with “knowledge that it was false or with reckless disregard of whether it was false or not.” 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,” a Fox News spokesperson said in a statement. in the publication of the alleged defamatory statements. “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 his 81-page ruling, emphasizing the word "crystal" in his ruling.

A judge in Delaware has ordered a jury trial in Dominion Voting Systems' blockbuster lawsuit against Fox News, setting the stage for one of the most ...

“Dominion has offered proof demonstrating that the allegations were substantially false,” Davis wrote. “The evidence developed in this civil proceeding demonstrates that is CRYSTAL clear than none of the Statements relating to Dominion about the 2020 election are true. “Maybe Sean and Laura went too far,” Murdoch wrote to Scott. “We look forward to going to trial.” “I realized that the answers that they wanted me to say were putting me in a very vulnerable position to be the company scapegoat.” Davis’ judgement also came on the heels of a separate lawsuit filed by a former top producer at Fox who alleges she was coached in “a coercive and intimidating manner” to protect executives and on-air talent as part of the Dominion suit. [Rupert Murdoch,](https://thehill.com/people/rupert-murdoch/) owner and co-chairman of Fox Corp., worried to Fox News Media CEO [Suzanne Scott ](https://thehill.com/people/suzanne-scott/)that top hosts [Sean Hannity ](https://thehill.com/people/sean-hannity/)and [Laura Ingraham ](https://thehill.com/people/laura-ingraham/)“went too far” in endorsing former President Trump’s false claims about the 2020 election, fillings from Dominion showed. “Comparing the allegations at issue to the truth, the truth would have likely had a different outcome on the average viewer, as the statements at issue were dramatically different than the truth.” “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,” the network said. Fox said in its own statement that “this case is and always has been about the First Amendment protections of the media’s absolute right to cover the news.” “We are gratified by the Court’s thorough ruling soundly rejecting all of Fox’s arguments and defenses, and finding as a matter of law that their statements about Dominion are false,” Dominion said in a statement to The Hill on Friday. The process of discovery has been an embarrassing one for the nation’s top-rated network, with a number of private communications and depositions by leading hosts and executives at the network in the post-election period brought to light.

The evidence in the case “demonstrates that is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true,” the judge ...

The Fox case has garnered the most attention of the company’s lawsuits, as recent court filings in the case have revealed [dozens of comments](https://www.forbes.com/sites/alisondurkee/2023/03/10/dominion-v-fox-news-here-are-the-most-explosive-comments-anchors-and-rupert-murdoch-made-about-the-2020-election-behind-the-scenes/?sh=1d9fa141aaeb) from such figures as Carlson, Hannity and Rupert Murdoch casting doubt on the fraud claims. [defamation cases](https://www.forbes.com/sites/alisondurkee/2023/02/15/court-lets-lawsuit-against-fox-news-move-forward-heres-where-dominion-and-smartmatics-defamation-suits-stand-now/?sh=5b568e42364a) the company and rival Smartmatic have brought against right-wing figures and news, including a separate Smartmatic case against Fox and several of its anchors. Carlson called the fraud claims “insane” and “absurd” and said he “hate[s] [Trump] passionately,” for instance, while Murdoch [admitted](https://www.forbes.com/sites/nicholasreimann/2023/02/27/murdoch-admits-fox-news-hosts-pushed-false-election-fraud-claims/?sh=5fb159d3494b) he did not believe the fraud claims but did not stop election deniers from appearing on the network and said, “I would have liked us to be stronger in denouncing [the fraud claims] in hindsight.” Defamation cases have typically been hard to prove in court, as plaintiffs must prove that the alleged defamer acted with “actual malice” knowing their claims were false, but legal experts have [speculated](https://www.latimes.com/entertainment-arts/business/story/2023-03-01/whats-next-for-fox-news-after-rupert-murdochs-bombshell-testimony-in-the-dominion-case) the substantial evidence of Fox officials discussing the fraud claims could be enough to meet that burden. [denied](https://courts.delaware.gov/Opinions/Download.aspx?id=345820) motions by Fox News and Dominion for summary judgment—which would have meant the case was decided without a trial—but did rule on Dominion’s allegations that claims made about its voting machines on Fox News were false. That’s how much Dominion is asking Fox to pay for its alleged defamation, though the final amount could end up being higher or lower based on what the jury decides. [to testify](https://edition.cnn.com/2023/03/21/business/fox-news-dominion-summary-judgment?utm_source=business_ribbon), which Fox has opposed. The trial is expected to be a high-profile affair, and Dominion has pushed for Fox Corporation chair Rupert Murdoch Fox has strongly opposed the $1.6 billion figure as being disproportionately high based on Dominion’s value as a company and its losses stemming from the fraud claims. Other major [witnesses](https://www.theguardian.com/media/2023/mar/28/dominion-lawsuit-fox-news-hosts-executives-testify) who are likely to testify include Tucker Carlson, Sean Hannity, Jeanine Pirro and Fox Corp CEO Lachlan Murdoch. and is it to settle for a few hundred million dollars and walk away and never discuss it again,” media law expert Daniel Novack told the [Hollywood Reporter](https://www.hollywoodreporter.com/business/business-news/fox-news-dominion-lawsuit-first-amendment-1235354193/), while former federal prosecutor Tim Heaphy told [MSNBC](https://www.msnbc.com/deadline-white-house/deadline-legal-blog/fox-news-settle-dominion-rcna74038) he believes Dominion wouldn’t want to settle because “they want a lot of these facts to be laid bare in a courtroom in a public proceeding.” It’s still possible the case could be resolved before then if the two sides agree to settle, though so far there hasn’t been [any indication](https://www.forbes.com/sites/alisondurkee/2023/03/03/fox-unlikely-to-settle-with-dominion-over-election-lies-as-high-stakes-trial-nears-experts-say/?sh=5a7ec36e3c7f) that will happen. Sources at Fox cited by the [Los Angeles Times](https://www.latimes.com/entertainment-arts/business/story/2023-03-01/whats-next-for-fox-news-after-rupert-murdochs-bombshell-testimony-in-the-dominion-case) in early March said there was “no sign a settlement is near,” and legal experts are divided on whether they think the case could end before it goes to trial.

Federal judge refuses to dismiss $1.6bn defamation lawsuit against network, allowing the case to proceed to trial in mid-April.

“This case is and always has been about the first amendment protections of the media’s absolute right to cover the news,” the statement read. “Therefore, the Court will grant summary judgment in favor of Dominion on the element of falsity.” “We are gratified by the Court’s thorough ruling soundly rejecting all of Fox’s arguments and defenses, and finding as a matter of law that their statements about Dominion are false,” they wrote.

Dominion Voting's $1.6 billion defamation suit versus Fox News Channel appears headed to court after a judge's ruling Friday.

“This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news,” Fox said in a statement. Among the Fox luminaries Dominion expects to call to the stand are Fox News Media CEO Suzanne Scott; prominent anchors like Tucker Carlson and Maria Bartiromo; and “Therefore, the Court will grant summary judgment in favor of Dominion on the element of falsity.” Still, he ruled that the statements Dominion had challenged constitute defamation “per se” under New York law, which means Dominion doesn’t have to prove damages to establish that Fox could be liable. It is the second legal proceeding made against Fox News for its coverage of the aftermath of the 2020 race for the White House. “We look forward to going to trial.” The case is expected to begin April 17.

DOVER, Del. (AP) — A voting machine company's defamation case against Fox News over its airing of false allegations about the 2020 presidential electi...

It ruled that plaintiffs needed to prove that news outlets published or aired false material with “actual malice” — knowing it was false or acting with a “reckless disregard” for whether or not it was true. Davis ruled that the statements Dominion had challenged constitute defamation “per se” under New York law. “Fox knew the truth,” Dominion argued in court papers. “In fact, although it cannot be attributed directly to Fox’s statements, it is noteworthy that some Americans still believe the election was rigged.” The U.S. [aired the allegations despite the doubts](https://apnews.com/article/fox-news-journalism-election-dominion-defamation-9b33fc9ca1e11fc0b49e2f437fc60007) of its hosts and executives, and the coverage helped feed an ecosystem of misinformation surrounding Trump’s loss in 2020 that has persisted ever since. [privately ridiculing the accusations](https://apnews.com/article/united-states-government-news-media-donald-trump-fraud-b52914ec21a97dec8b5d878a908d566f) and bluntly expressing opinions, like Carlson saying [he hated Trump “passionately.”](https://apnews.com/article/tucker-carlson-fox-news-murdoch-capitol-attack-96c305cf4046aaf373130876940fd06e?utm_source=homepage&utm_medium=TopNews&utm_campaign=position_01) [Murdoch testified](https://apnews.com/article/fox-trump-election-claims-defamation-voting-machines-91d6c6e7d39083b7732787e013bb1fc4?utm_source=homepage&utm_medium=TopNews&utm_campaign=position_07) that he believed the 2020 election was fair and had not been stolen from the former president. [could be called to the stand](https://apnews.com/article/fox-news-dominion-tucker-carlson-hannity-murdoch-d77f70490a5939095c94177c3003c226). “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,” the network said in a statement Friday. In a statement issued after the ruling, Dominion said it was gratified that the court had rejected Fox’s arguments and found “as a matter of law that their statements about Dominion are false. Superior Court Judge Eric Davis ruled that it was “CRYSTAL clear” that none of the allegations made by Trump allies on Fox in the weeks after the election were true.

The judge said the case would still need to proceed to trial, for a jury to weigh whether Fox News knowingly spread false claims about Dominion Voting ...

In the decision, the judge left that question up to a jury. Dominion has argued that texts and emails between Fox executives and hosts proved that many knew the claims were false but put them on the air anyway. Dominion, in a statement, said: “We are gratified by the court’s thorough ruling soundly rejecting all of Fox’s arguments and defenses, and finding as a matter of law that their statements about Dominion are false. In Friday’s decision, Judge Davis said damages, if they were awarded to Dominion, would be calculated by the jury. Fox has argued that it was merely reporting on allegations of voter fraud as inherently newsworthy and that any statements its hosts made about supposed fraud were covered under the Constitution as opinion. Dobbs said: “I think many Americans have given no thought to electoral fraud that would be perpetrated through electronic voting; that is, these machines, these electronic voting companies including Dominion, prominently Dominion, at least in the suspicions of a lot of Americans.” RonNell Andersen Jones, a law professor and First Amendment scholar at the University of Utah’s S.J. For example, in a “Lou Dobbs Tonight” broadcast on Nov. The trial is expected to begin April 17. A spokeswoman for Fox said the case “is and always has been about the First Amendment protections of the media’s absolute right to cover the news.” Judge Davis said the case would proceed to trial, for a jury to weigh whether Fox spread false claims about Dominion while knowing that they were untrue, and to determine any damages. The judge said the case would still need to proceed to trial, for a jury to weigh whether Fox News knowingly spread false claims about Dominion Voting Systems, and to determine any damages.

Delaware Superior Court Judge Eric M. Davis ruled Friday that Dominion Voting Systems' blockbuster defamation suit against Fox News over baseless claims it ...

Dominion's spokesperson said the company was "gratified by the Court's thorough ruling soundly rejecting all of Fox's arguments and defenses, and finding as a matter of law that their statements about Dominion are false. "This case is and always has been about the First Amendment protections of the media's absolute right to cover the news," a Fox News spokeswoman said. "When viewed in the full context of the overall communication expressed during the segment, a reasonable viewer would understand that the Statement is asserting facts regarding Dominion, not an opinion." In a further instance, Davis ruled against Fox's argument of a "neutral reporting" privilege that protects it from any liability if it accurately conveys the allegations of newsworthy people. "A lot of the arguments that Fox has been making are now gone. "We now have a finding, as a matter of law, that Fox defamed Dominion," says Thomas Wienner, a retired Michigan-based corporate litigator who has been monitoring the case for NPR.

It is "CRYSTAL clear" that Fox made false statements about the voting company after the 2020 election, the judge wrote.

Therefore, the question of falsity is whether the content of the allegations was true, not whether Fox truthfully republished the allegations.” “This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news. The trial is expected to feature testimony from top Fox personalities including Tucker Carlson, Laura Ingraham and others. It claims that ‘[t]he question is whether the press reported the “true” fact that the President made those allegations,’” Davis wrote. We look forward to going to trial,” the firm said. Fox’s false statements included assertions that the company was controlled by Venezuela and implemented a bizarre algorithm to boost Democrats’ vote count under certain conditions, the judge said.

The ruling means the $1.6-billion suit will go before a Delaware jury next month, putting Fox News executives and anchors on the witness stand.

A Fox News representative said, “This case is and always has been about the 1st Amendment protections of the media’s absolute right to cover the news. “We look forward to going to trial.” The jury also will decide if Dominion is entitled to any damages. 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 1st Amendment. “We are gratified by the Court’s thorough ruling soundly rejecting all of Fox’s arguments and defenses, and finding as a matter of law that their statements about Dominion are false,” a Dominion representative said. “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.

The judge overseeing Dominion Voting Systems' defamation suit against Fox News ruled Friday that the case will go to trial, rebuffing efforts by Fox to have ...

But the judge granted part of Dominion's summary judgment motion on defamation per se and falsity -- ruling that the statements that Fox presented were, in fact, false. In a statement, Fox said, "This case is and always has been about the First Amendment protections of the media's absolute right to cover the news. Attorneys for Fox News and Dominion presented arguments last week in dueling summary judgment motions each side had submitted earlier.

(Bloomberg) -- Ever since Fox News was hit with a $1.6 billion defamation lawsuit over reports falsely accusing a voting-machine company of rigging the 2020 ...

Sean Hannity, one of Fox’s biggest stars, sent a text message at the time saying Powell, the architect of the conspiracy theory, was an “F’ing lunatic,” Dominion said. “This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news,” Fox News and Fox Corp. Fox’s “failure to reveal extensive contradicting evidence from the public sphere and Dominion itself indicates its reporting was not disinterested.” “Dominion’s expert stated it was unable to detect any mechanism to switch votes, which no Fox expert has contested,” Davis said. Instead, the judge ruled that a jury must decide several key issues, including whether Fox News made the defamatory statements with “actual malice,” meaning the network knew they were false or had reckless disregard for the truth. “Accusations of criminal activity, even in the form of opinion, are not constitutionally protected.”