The $1.6 Billion Defamation Case Against Fox News Is Headed to Trial
A Delaware court has ruled that Fox News’ statements about Dominion Voting Systems were categorically false and denied the network’s effort to have the voting machine company’s $1.6 billion defamation suit thrown out. Dominion has accused the network of maliciously aiding in the spread of false conspiracy theories regarding its role in the 2020 election.
Superior Court Judge Eric Davis ruled in a partial summary judgment on Friday that “Dominion has met its burden of showing there is no genuine issue of material fact as to falsity. Fox, therefore, had the burden to show an issue of material fact existed in turn. Fox failed to meet its burden.” The ruling added that the evidence presented in the proceedings makes it “CRYSTAL clear” that “none of the Statements relating to Dominion about the 2020 election are true. Therefore, the Court will grant summary judgment in favor of Dominion on the element of falsity.”
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2/ In its partial ruling in favor of Dominion, the court did determine statements made by Fox were statements of fact and were not statements of opinion. pic.twitter.com/PfrDqzD8rt
— Angelo Carusone (@GoAngelo) March 31, 2023
While the court ruled that Fox News did make false claims about Dominion, the question of whether the network itself or its parent company Fox Corporation is ultimately responsible for the statement remains open and will proceed to a jury trial.
The ruling held that Dominion is entitled to a summary judgment regarding potential defamation. “Because the evidence and analogous case law holds allegations such as the ones made in this civil proceeding are defamatory per se and Fox has not contended otherwise the Court holds, as a matter of law, that Dominion is entitled to summary judgment on the element of defamation per se.”
A spokesperson for Dominion said in a statement that it is “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. We look forward to going to trial.”
The court further denied two requests for summary judgment on behalf of Fox News, and determined that Fox “cannot avail themselves of certain defenses like the neutral report and fair report privileges or the privilege for opinion.”
In a favorable decision for Fox, the court declined to provide a summary judgment on the issue of whether the network acted with “malice” against Dominion, writing that “these are genuine issues of material fact that therefore must be determined by a jury.
“This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news,” a spokesperson for the network said in a statement. “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.”
Fox could face up to $1.6 billion in penalties as a result of the lawsuit, which has placed an unwelcome spotlight on the network’s executive and prominent talent. The trial is scheduled to begin on April 17.
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