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Thursday, March 2, 2023

Experts Believe There's A Strong Case Against Fox News


Dominion Voting Systems is out for blood in its defamation case against Fox News.  The company is suing Rupert Murdoch's network for $1.6 billion in damages, saying the mogul and his top lieutenants knew that former President Trump’s claims of voter fraud in the 2020 election were false but gave them continued coverage to placate its viewers and boost ratings, reports The L-A Times.

To prevail, Dominion's lawyers must prove the network acted with malice by knowingly spreading false information.

Fox News maintains that its reporting and commentary was protected by the 1st Amendment because allegations presented by a sitting president are newsworthy even if false. In the network's coverage, Dominion was wrongly accused of using its machines to manipulate votes to throw the election to Joe Biden and of being owned and controlled by the Venezuelan government.

Dominion has filed two legal briefs that expose internal discussions showing that some Fox News personalities, executives and even Murdoch himself did not believe Trump's claims but still gave his lawyers and supporters a forum to spread their unfounded theories because they were concerned about declining ratings. The briefs include stunning deposition testimony from Murdoch, who admitted he knew that some of the statements his on-air personalities and guests were making were false.

How strong is Dominion’s argument against Fox News?

Many 1st Amendment attorneys said Dominion has presented highly compelling evidence of malice by Fox News, which poses a significant threat to the network if it goes to trial, they said.

“I do overall believe that this is one of the strongest plaintiff's cases that I've ever seen,” said attorney Lee Levine, who litigated 1st Amendment matters for 40 years. "I have a hard time envisioning a scenario in which Fox wins before a jury."

Andrew Geronimo, director of the 1st Amendment Clinic at Case Western Reserve University School of Law, said he was taken aback by the evidence and believes Fox News is in an unenviable position as a defendant. Dominion's motion cited numerous examples of Fox News insiders disputing the veracity of Trump's claims in blunt terms.

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