A Delaware judge has ruled that Fox News “intended to avoid the truth” when broadcasting misinformation about the 2020 election and Dominion Voting Systems, which is suing the right-wing network for defamation and seeking $1.6 billion in damages.
CNN reports that Superior Court Judge Eric Davis’ ruling was a major blow to Fox, which was asking the court to dismiss the Dominion suit:
The ruling will now allow Dominion to attempt to unearth extensive communications within Fox News as they gather evidence for the case, and the company may be able to interview the network’s top names under oath.
At this stage, the court must assume Dominion’s claims about Fox News are true.
Judge Davis noted in his ruling that Dominion had notified Fox of inaccuracies they had broadcast and supplied them with information that clearly refuted accusations of vote-switching in the 2020 presidential race:
“Nevertheless, Fox and its news personnel continued to report Dominion purported connection to the election fraud claims without also reporting on Dominion’s emails … Given that Fox apparently refused to report contrary evidence, including evidence from the Department of Justice, the Complaint’s allegations support the reasonable inference that Fox intended to keep Dominion’s side of the story out of the narrative.”
According to CNN legal analyst Jeffrey Toobin, the ruling is very bad news for Fox:
“By putting Rudy Giuliani, Sidney Powell, making these outrageous false allegations on the air without allowing Dominion to refute them, that’s libel. And that’s what Fox is going to have to defend. And I don’t know how they’re going to defend it it. I think it’s a very good case for the plaintiffs.”
Former White House counsel John Dean concurred with Toobin, noting:
“This case has not been decided on any substance yet. Just on the pleadings. And it made the basic bar and got over that, which is going to be a nightmare for Fox, as Jeffrey says. They’re going to now dig in deep and it’s not going to be easy.”
If Fox is found liable and forced to pay $1.6 billion in damages, that could lead to other enormous lawsuits. Enough large lawsuits could leave the network financially vulnerable and lead to its collapse. Imagine how much better a world without Fox News would be.
