A Delaware Superior Court Judge ruled that Dominion Voting Systems' blockbuster defamation suit against Fox News over baseless claims it had cheated former President Donald Trump of victory in the 2020 elections could proceed to trial.
A pedestrian walks past the News Corp. headquarters building in New York displaying posters featuring Fox News Channel personalities on April 19, 2017.A pedestrian walks past the News Corp. headquarters building in New York displaying posters featuring Fox News Channel personalities on April 19, 2017.Delaware Superior Court Judge Eric M.
"We now have a finding, as a matter of law, that Fox defamed Dominion," says Thomas Wienner, a retired Michigan-based corporate litigator who has been monitoring the case for NPR."A lot of the arguments that Fox has been making are now gone. As to Fox News, the only remaining liability issue is whether it had the requisite state of mind to be held legally responsible for its defamatory statements.
"The context in which the Statement is presented creates an inference to a reasonable viewer that it is factual," Davis wrote."When viewed in the full context of the overall communication expressed during the segment, a reasonable viewer would understand that the Statement is asserting facts regarding Dominion, not an opinion."
Davis also found that Fox committed defamation"per se" - which means that Dominion's reputation was so slandered that it does not need to prove it suffered actual financial harm to receive damages.The voting tech company must convince a jury that Fox committed"actual malice." Under a 1964 U.S. Supreme Court ruling, that means Fox either willfully ignored or had reason to know that what it was broadcasting was false.A jury is to decide whether parent company Fox Corp.
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