Judge Dismisses Fox News Motion

A Delaware judge denied Fox News’ motion to dismiss Dominion Voting Systems’ $1.6-billion defamation suit against the network on Friday, sending the case to trial.

The L-A Times reports a jury will be asked to determine whether the network committed actual malice when it presented false voter fraud allegations in the 2020 election.

The ruling by Judge Eric Davis granted Dominion’s contention that Fox News published false information about the voting machine company in the weeks after the election, when outgoing President Donald Trump and his allies spread allegations of fraud.

“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 order.

In the wake of the election, Trump’s attorneys repeatedly said Dominion manipulated votes to swing the race to President Joe Biden and made other false statements about the company’s ownership.

Davis did not grant summary judgment to Dominion on the company’s claims that Fox News acted with malice when it presented the falsehoods, an issue that now will be weighed at trial. The jury also will decide if Dominion is entitled to any damages.

“The parties have generated a record that shows disputed material facts,” Davis wrote.

The jury trial in Delaware is expected to begin April 17, in what is likely to be a media spectacle, unless the two sides reach a settlement.

Executives and high-profile Fox News anchors, who have already given explosive deposition testimony, could be called to the witness stand to discuss their actions in public, under oath.

Fox News released the following statement:

“This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news. 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.”