Dominion Voting Systems tomorrow will square off in court against Fox News, more than two years after filing a $1.6 billion defamation suit accusing the network of knowingly airing disinformation about election fraud in the 2020 presidential contest.
accusing the network of knowingly airing disinformation about election fraud in the 2020 presidential contest.The trial could set an important First Amendment precedent and shape political coverage by one of America's most powerful media outlets.Successfully suing for defamation in the U.S. is intentionally difficult — but legal experts believe Dominion has an especially strong case., but also must demonstrate malice and that those false statements caused harm.
There also could be shakeups both behind and in front of the cameras at Fox News, as shareholders are unlikely to sit by quietly if a jury awards Dominion what it seeks or more. A Dominion victory also could embolden others to sue media organizations when they feel wronged, although legal experts tell Axios the risk is remote.
"I do think it’s an uphill battle [for Fox]," University of Tennessee journalism professor Stuart Brotman said. "But you have some very powerful, famous media personalities testifying, and jurors can be captivated."Not only would it reaffirm America's very high bar for media defamation, but also would provide Fox News with a legal roadmap for airing future falsehoods.
The network has parted ways with one of the on-air hosts who allegedly defamed Dominion, Lou Dobbs, but continues to employee others, including Maria Bartiromo and Jeanine Pirro.The trial could influence how Fox News defends itself against other defamation charges, most notably a $2.7 billion case brought by election technology company Smartmatic.
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