UNITED STATES NEWS

Judge delays trial over Fox News and 2020 election lies

Apr 16, 2023, 8:00 PM

NEW YORK (AP) — Without citing a reason, the Delaware judge overseeing a voting machine company’s $1.6 billion defamation lawsuit against Fox News announced late Sunday that he was delaying the start of the trial until Tuesday.

The trial, which has drawn international interest, had been scheduled to start Monday morning with jury selection and opening statements.

The case centers on whether Fox defamed Dominion Voting Systems by spreading false claims that the company rigged the 2020 presidential election to prevent former President Donald Trump’s reelection. Records produced as part of the lawsuit show that many of the network’s hosts and executives didn’t believe the allegations but aired them, anyway.

Representatives for Dominion and for the two entities it’s suing — Fox News and its parent company, Fox Corp. — did not immediately return requests for comment on the delay. In his statement, Delaware Superior Court Judge Eric Davis said only that the trial, including jury selection, would be continued until Tuesday and that he would announce the delay in court on Monday.

That’s when Fox News executives and the network’s star hosts were scheduled to begin answering for their role in spreading doubt about the America’s democracy.

Jurors hearing the $1.6 billion lawsuit filed against Fox by Dominion Voting Systems would have to answer a specific question: Did Fox defame the voting machine company by airing bogus stories alleging that the election was rigged against then-President Donald Trump, even as many at the network privately doubted the false claims being pushed by Trump and his allies?

Yet the broader context looms large. A trial would Trump’s hopes to regain power in 2024.

Fox News stars Rupert Murdoch are among the people who had been expected to testify.

Barring a settlement, opening statements are now scheduled for Tuesday.

“This is Christmas Eve for defamation scholars,” said RonNell Andersen Jones, a University of Utah law professor.

If the trial were a sporting event, Fox News would be taking the field on a losing streak, with key players injured and having just alienated the referee. Pretrial court rulings and embarrassing revelations about its biggest names have Fox on its heels.

Court papers released over the past two months show Fox executives, producers and personalities privately disbelieved Trump’s claims of a fraudulent election. But Dominion says Fox News was afraid of alienating its audience with the truth, particularly after many viewers were angered by the network’s decision to declare Democrat Joe Biden the winner in Arizona on election night in November 2020.

Some rulings by the judge have eased Dominion’s path. In a summary judgment, Davis said it was “CRYSTAL clear” that fraud allegations against the company were false. That means trial time won’t have to be spent disproving them at a time when millions of Republicans continue to doubt the 2020 results.

Davis said it also is clear that Dominion’s reputation was damaged, but that it would be up to a jury to decide whether Fox acted with “actual malice” — the legal standard — and, if so, what that’s worth financially.

Fox witnesses would likely testify that they thought the allegations against Dominion were newsworthy, but Davis made it clear that’s not a defense against defamation.

New York law protects news outlets from defamation for expressions of opinion. But Davis methodically went through 20 different times on Fox when allegations against Dominion were discussed, ruling that all of them were fully or partly considered statements of fact, and fair game for a potential libel finding.

“A lawsuit is a little bit like hitting a home run,” said Cary Coglianese, law professor at the University of Pennsylvania. “You have to go through all of the bases to get there.” The judge’s rulings “basically give Dominion a spot at third base, and all they have to do is come home to win it.”

Both Fox and Dominion are incorporated in Delaware, though Fox News is headquartered in New York and Dominion is based in Denver.

Fox angered Davis this past week when the judge said the network’s Murdoch’s role at Fox News. A Fox lawyer, Blake Rohrbacher, sent a letter of apology to Davis on Friday, saying it was a misunderstanding and not an intention to deceive.

It’s not clear whether that would affect a trial. But it’s generally not wise to have a judge wonder at the outset of a trial whether your side is telling the truth, particularly when truth is the central point of the case, Jones said.

The lawsuit essentially comes down to whether Dominion can prove Fox acted with actual malice by putting something on the air knowing that it was false or acting with a “reckless disregard” for whether it was true. In most libel cases, that is the most difficult hurdle for plaintiffs to get past.

Dominion can point to many examples where Fox figures didn’t believe the charges being made by Trump allies such as Rudolph Giuliani. But Fox says many of those disbelievers were not in a position to decide when to air those allegations.

“We think it’s essential for them to connect those dots,” Fox lawyer Erin Murphy said.

If the case goes to trial, the jury will determine whether a powerful figure like Murdoch — who testified in a deposition that he didn’t believe the election-fraud charges — had the influence to keep the accusations off the air.

“Credibility is always important in any trial in any case. But it’s going to be really important in this case,” said Jane Kirtley, director of the Silha Center for the Study of Media Ethics and the Law at the University of Minnesota.

Kirtley is concerned that the suit may eventually advance to the U.S. Supreme Court, which could use it as a pretext to weaken the actual malice standard that was set in a 1964 decision in New York Times Co. v. Sullivan. That, she feels, would be disastrous for journalists.

Dominion’s lawsuit is being closely watched by another voting-technology company with survived Fox News’ effort to get it tossed out.

Many experts are surprised Fox and Dominion have not reached an out-of-court settlement, though they can at any time. There’s presumably a wide financial gulf. In court papers, Fox contends the $1.6 billion damages claim is a wild overestimate.

Dominion’s motivation may also be to inflict maximum embarrassment on Fox with the peek into the network’s internal communications following the election. Text messages from January 2021 revealed Carlson telling a friend that he passionately hated Trump and couldn’t wait to move on.

Dominion may also seek an apology.

The trial has had no apparent effect on Fox News’ viewership; it remains the top-rated cable network. And there is little indication that the case has changed Fox’s editorial direction. Fox has House Speaker Kevin McCarthy, R-Calif.

___

Associated Press writers Randall Chase in Dover, Del., and Jennifer Peltz in New York contributed to this report.

United States News

A sign marks a roadside rest stop that has been made to look like the historic security gate that a...

Associated Press

Birthplace of the atomic bomb braces for its biggest mission since the top-secret Manhattan Project

Los Alamos was the perfect spot for the U.S. government’s top-secret Manhattan Project.

2 hours ago

Associated Press

Suspect arrested after shooting at the Oklahoma State Fair injures 1, police say

OKLAHOMA CITY (AP) — One person was injured when shots were fired during an argument between two groups of people at the Oklahoma State Fair on Saturday, sending a crowd of people running for safety, police said. One person was arrested on a charge of assault with a deadly weapon after the evening shooting, Oklahoma […]

4 hours ago

Associated Press

Former NHL player Nicolas Kerdiles dies after a motorcycle crash in Nashville. He was 29

NASHVILLE, Tenn. (AP) — Former NHL player Nicolas Kerdiles died Saturday after a motorcycle crash in Nashville, according to police. He was 29. The one-time hockey player for the Anaheim Ducks drove his motorcycle through a stop sign early Saturday and hit the driver’s side of an SUV, according to the Metro Nashville Police Department. […]

5 hours ago

Associated Press

Hazing lawsuit filed against University of Alabama fraternity

TUSCALOOSA, Ala. (AP) — A student and his parents have filed a lawsuit against a University of Alabama fraternity, saying he suffered a traumatic brain injury while being hazed as a fraternity pledge earlier this year. The lawsuit filed last week accuses Sigma Alpha Epsilon fraternity and others associated with it of fraud, negligence and […]

5 hours ago

This illustration provided by NASA depicts the OSIRIS-REx spacecraft at the asteroid Bennu. On Wedn...

Associated Press

NASA recovers asteroid samples in largest haul of material from beyond the moon

NASA’s first asteroid samples fetched from deep space parachuted into the Utah desert Sunday to cap a seven-year journey.

5 hours ago

Associated Press

Louisiana man who fled attempted murder trial captured after 32 years on the run

ARCADIA, La. (AP) — A Louisiana man who fled his 1991 trial for attempted murder has been arrested more than three decades later after authorities found him hiding in Mexico, authorities said. Greg Lawson, 63, was brought back to the United States on Thursday after being located in Mexico, the FBI said. Lawson was accused […]

6 hours ago

Sponsored Articles

Sanderson Ford...

Sanderson Ford

Sanderson Ford congratulates D-backs’ on drive to great first half of 2023

The Arizona Diamondbacks just completed a red-hot first half of the major league season, and Sanderson Ford wants to send its congratulations to the ballclub.

...

Ability360

At Ability360, every day is Independence Day

With 100 different programs and services, more than 1,500 non-medically based home care staff, a world-renowned Sports & Fitness Center and over 15,000 people with disabilities served annually, across all ages and demographics, Ability360 is a nationwide leader in the disability community.

...

OCD & Anxiety Treatment Center

5 mental health myths you didn’t know were made up

Helping individuals understand mental health diagnoses like obsessive compulsive spectrum disorder or generalized anxiety disorder isn’t always an easy undertaking. After all, our society tends to spread misconceptions about mental health like wildfire. This is why being mindful about how we talk about mental health is so important. We can either perpetuate misinformation about already […]

Judge delays trial over Fox News and 2020 election lies