The court resumed its sessions after a lunch break and opening statements are expected to begin soon in the landmark defamation lawsuit brought by election technology company Dominion Voting Systems against Fox News.
Here’s what you need to know about this high-stakes case:
Why is Dominion suing Fox News? In 2021, Dominion sued Fox News for the right-wing network’s repeated broadcast of false claims about the company, including that its voting machines rigged the 2020 election by switching millions of ballots from Donald Trump to Joe Biden. Most of the 20 allegedly defamatory broadcasts cited in the lawsuit took place in November and December 2020.
The company claims that Fox News people acted with actual malice and “recklessly disregarded the truth” when they spread the misinformation about Dominion. To prove “actual malice,” Dominion must convince a jury that the Fox News people who were responsible for those 20 broadcasts knew Dominion’s claims were false or recklessly disregarded evidence of falsehood — but aired them anyway.
Dominion’s theory is that Fox promoted these election conspiracy theories because “the lies were good for Fox’s business.” Dominion’s complaint specifically targeted shows hosted by Lou Dobbs, Maria Bartiromo, Tucker Carlson, Sean Hannity and Jeanine Pirro. Dominion said that because of Fox’s “orchestrated defamatory campaign,” it suffered “enormous and irreparable economic harm” and that its employees were subjected to death threats and harassment.
What is Fox’s defense? Fox said the case did not defame anyone and was a baseless attack on press freedom.
A Fox spokesperson said the network “is proud of its coverage of the 2020 election” and that its coverage “stands in the highest tradition of American journalism.” The company said: “Dominion’s lawsuit is a political crusade seeking financial gain, but the real price to pay would be First Amendment rights.”
Fox also accused Dominion of generating “noise and confusion” around the case, saying that “the heart of this case remains freedom of the press and freedom of speech, which are fundamental rights guaranteed by the Constitution,” particularly the First Amendment.
Fox has been trying to get the lawsuits dismissed. But last month, the judge overseeing the case decided to deal the right-wing network a major blow. He also barred Fox from raising some key First Amendment arguments, saying they lacked merit.
What does Dominion ask? Dominion is seeking $1.6 billion in damages, saying Fox’s on-air lies destroyed its reputation and prompted election officials to cancel their contracts with Dominion. CNN recently reported on growing distrust of voting machines in heavily Republican counties.
What are the logistics of the trial? The trial is expected to last five to six weeks and will be overseen by Delaware Superior Court Judge Eric M. Davis, who was appointed to the post in 2012 by a Democratic governor. A panel of 12 jurors and 12 alternates is being assembled.
Cameras are not allowed in the courtroom and there will be no video of the proceedings. There will also be no photography inside the courtroom.
Who is supposed to testify? Expected witnesses include Fox Corporation executives Rupert Murdoch and his son Lachlan Murdoch; Fox News CEO Suzanne Scott and Chairman Jay Wallace; and prominent television hosts Tucker Carlson, Sean Hannity, Maria Bartiromo, Lou Dobbs, Jeanine Pirro and Bret Baier, among others.
Dominion said it may also call Viet Dinh, Fox’s chief legal officer, and former House Speaker Paul Ryan, a Fox board member, to the witness stand.
Both sides also hope to hear from their hand-picked experts who specialize in election statistics, voting machine security, journalistic ethics, the impact of misinformation in public discourse, and more.
Learn more about the case here.
