Getty Images | Eric McGregor
Dominion Voting Systems won an important ruling against Fox News Network on Friday, after a judge found Fox News broadcasting false statements about Dominion related to the 2020 presidential election and facing a jury trial in a defamation lawsuit. Acknowledged that I must.
Judge Eric Davis issued summary judgment in Delaware Superior Court, stating, “The court must look at the record in the light most favorable to Fox, but the record does not present a genuine issue of material fact regarding falsehood.” Dominion provided “extensive evidence” to fulfill its responsibility to show that Fox broadcast false statements and that Fox failed to refute those accusations, he added.
Davis used a mix of italic, capital, and bold text to emphasize his conclusion that Fox made a false statement.
The evidence produced in this civil action was [it] teeth crystal Clarify that none of the Dominion-related statements regarding the 2020 election are trueThe court therefore grants summary judgment in Dominion’s favor for the false element.
Davis found Fox News Network’s statement defamatory street They claim that the Dominion rigged elections, manipulated vote numbers through its software and algorithms, and government officials set up in Venezuela to rig the elections of dictator Hugo Chavez and used machines in elections. paid a kickback to.. appears to be accusing the Dominion of a serious crime of electoral fraud.Criminal accusations, even in the form of opinions, are not constitutionally protected.
Davis agreed that Fox published false statements, but granted Dominion’s request for summary judgment as to whether defendants Fox News Network and Fox Corporation actually acted in bad faith. I didn’t. This requires that the defendant publish false information about the plaintiff “knowingly or recklessly disregarding whether or not it is false”.
If the jury determines that Fox actually acted maliciously, the jury would have to calculate the amount of damages awarded to Dominion, who claimed $1.6 billion. Dominion sued Newsmax and One America News Network separately. Voting machine maker She Smartmatic also he sued all three networks.
Fox takes a ‘subtle approach to deception’
Dominion claimed that Fox “deliberately provided a platform for FNN-provided guests.” [Fox News Network’s] The host knew to make false and defamatory statements of fact on-air”; misrepresentations of fact on, FNN’s website, FNN’s social media accounts, and FNN’s other digital platforms and subscription services,” Davis said.
Davis was unimpressed by the allegation that Fox was merely reporting on former President Trump’s unfounded allegations of election fraud. “Fox devotes little to the discussion of falsehoods,” Davis wrote.[t]The question is whether the media reported the “true” facts that the president made those allegations.
Fox’s “subtle approach to falsehoods” would “allow courts to test whether certain points made by FNN hosts are true. For example, if the FNN host said the next guest was Ms. [Sidney] Mr. Powell, if Mr. Powell is former President Trump’s attorney, and Mr. Powell states the position of the former President, then all statements are true and cannot be defamatory.”
Davis also noted that Fox described the challenged statement as an “opinion,” while “arguing that the statement was a newsworthy allegation and/or a substantially accurate report of official proceedings.” He called it a contradiction.
