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| Dominion’s $1.6bn trial against Fox News over 2020 election lies begins | |
| (about 4 hours later) | |
| Trial represents one of the more muscular efforts to hold the powerful news outlet accountable for role in spreading falsehoods | Trial represents one of the more muscular efforts to hold the powerful news outlet accountable for role in spreading falsehoods |
| The landmark $1.6bn defamation trial between Dominion Voting Systems and Fox kicked off on Tuesday morning. Twelve jurors were sworn in and attorneys for both sides were set to began their opening statements in the afternoon. | |
| In a packed courtroom in Wilmington, Delaware, judge Eric Davis instructed the jurors and 12 alternates to avoid discussing the case or reading anything about it on the internet or social media. | |
| “Human nature is that you’re going to want to talk about the case among yourselves or with third parties,” he said. “It’s hard but you’re just going to have to fight human nature.” | |
| The diverse group of 12 people will ultimately decide whether Fox should be held accountable for its role in spreading lies about the 2020 election. | |
| Dominion is suing Fox News and its parent company Fox Corporation for knowingly spreading false claims about its equipment after the 2020 election. Fox repeatedly broadcast outlandishly false allegations that the company had paid government bribes, switched votes and was founded in Venezuela to rig elections for Hugo Chávez. | Dominion is suing Fox News and its parent company Fox Corporation for knowingly spreading false claims about its equipment after the 2020 election. Fox repeatedly broadcast outlandishly false allegations that the company had paid government bribes, switched votes and was founded in Venezuela to rig elections for Hugo Chávez. |
| “In the coming weeks, we will prove Fox spread lies causing enormous damage to Dominion,” said a Dominion spokesperson in a statement the morning of the trial. “We look forward to trial.” | “In the coming weeks, we will prove Fox spread lies causing enormous damage to Dominion,” said a Dominion spokesperson in a statement the morning of the trial. “We look forward to trial.” |
| The trial was scheduled to begin on Monday, but Davis pushed it back by a day without giving a reason. It was reported that both sides were engaged in negotiations over a settlement to avoid a trial. | |
| The trial is likely to be a media frenzy. On Tuesday, dozens of reporters and cameras were outside the courthouse, and the courtroom and an overflow area were were packed with reporters. A Fox spokesperson was reportedly kicked out of the courtroom for taking a photograph, which is against the court rules. | |
| The trial will not be televised or recorded in any way. | |
| Rupert and Lachlan Murdoch, the top Fox executives, are expected to be called as witnesses. Fox News anchors Tucker Carlson, Sean Hannity, Maria Bartiromo and Jeanine Pirro are expected to testify at the trial. | |
| At the heart of Dominion’s case is a trove of internal messages from Fox hosts and executives in which they openly say they knew the outlandish claims about Dominion were false. “Sidney Powell is lying, by the way. I caught her. It’s insane,” Carlson wrote in one such message, even as Fox continued to air Powell’s claims about Dominion. | At the heart of Dominion’s case is a trove of internal messages from Fox hosts and executives in which they openly say they knew the outlandish claims about Dominion were false. “Sidney Powell is lying, by the way. I caught her. It’s insane,” Carlson wrote in one such message, even as Fox continued to air Powell’s claims about Dominion. |
| “In the coming weeks, we will prove Fox spread lies causing enormous damage to Dominion. We look forward to trial,” a Dominion spokesperson said. | “In the coming weeks, we will prove Fox spread lies causing enormous damage to Dominion. We look forward to trial,” a Dominion spokesperson said. |
| Defamation cases rarely go to trial because there is such a high bar a plaintiff has to clear to win. But experts observing the lawsuit say Dominion has put together an unusually strong case. The company may have strong enough evidence to show that Fox acted with “actual malice”, that Fox knew the claims were false, or that Fox acted with reckless disregard for the truth. | Defamation cases rarely go to trial because there is such a high bar a plaintiff has to clear to win. But experts observing the lawsuit say Dominion has put together an unusually strong case. The company may have strong enough evidence to show that Fox acted with “actual malice”, that Fox knew the claims were false, or that Fox acted with reckless disregard for the truth. |
| “It’s a rarity that we’ll see something of this caliber play out in front of a jury,” said RonNell Andersen Jones, a first amendment scholar at the University of Utah. | “It’s a rarity that we’ll see something of this caliber play out in front of a jury,” said RonNell Andersen Jones, a first amendment scholar at the University of Utah. |
| The case could also have broader implications for media in the US. Fox has said that a win for Dominion would be a blow for the first amendment. Some experts have expressed similar concerns. Many news organizations may not be able to afford the lengthy legal battle that Fox can, said Jane Kirtley, a professor at the University of Minnesota and former executive director for the Reporters Committee for Freedom of the Press. | |
| “The risk of big-money judgments deters investigative journalism. Unfortunately, I’d predict [that] if Fox loses, we’ll see a significant uptick in libel cases against all news organizations,” she said. “Most news organizations will have a digital paper trail, which, though perhaps not as damning as Fox’s, could indicate (at least in a jury’s mind) bias, irreverence, carelessness and so forth.” | “The risk of big-money judgments deters investigative journalism. Unfortunately, I’d predict [that] if Fox loses, we’ll see a significant uptick in libel cases against all news organizations,” she said. “Most news organizations will have a digital paper trail, which, though perhaps not as damning as Fox’s, could indicate (at least in a jury’s mind) bias, irreverence, carelessness and so forth.” |
| But other experts see it differently. If Dominion were to prevail in the case, it could show that news organizations can still be held accountable despite the high bar plaintiffs must clear. If Fox were to prevail in the case, some say, it would be difficult to imagine what a plaintiff would need to show to prove a defamation claim. | But other experts see it differently. If Dominion were to prevail in the case, it could show that news organizations can still be held accountable despite the high bar plaintiffs must clear. If Fox were to prevail in the case, some say, it would be difficult to imagine what a plaintiff would need to show to prove a defamation claim. |
| Judge Davis issued a series of pre-trial rulings limiting what Fox can argue in its defense. Fox may spend a significant portion of the trial focused on the idea that the specific individuals responsible for airing the challenged claims did not know they were false. The network could also focus its defense on challenging the $1.6bn in damages Dominion says it is owed. | Judge Davis issued a series of pre-trial rulings limiting what Fox can argue in its defense. Fox may spend a significant portion of the trial focused on the idea that the specific individuals responsible for airing the challenged claims did not know they were false. The network could also focus its defense on challenging the $1.6bn in damages Dominion says it is owed. |
| Fox is already facing additional legal challenges stemming from the trial. Davis said on Wednesday he plans to appoint a special master to investigate whether the network withheld relevant evidence. Fox also apologized on Friday for failing to disclose Rupert Murdoch’s position as an officer at Fox News until last week, telling Davis on Friday there was a “misunderstanding”. | Fox is already facing additional legal challenges stemming from the trial. Davis said on Wednesday he plans to appoint a special master to investigate whether the network withheld relevant evidence. Fox also apologized on Friday for failing to disclose Rupert Murdoch’s position as an officer at Fox News until last week, telling Davis on Friday there was a “misunderstanding”. |
| Abby Grossberg, a former Fox News employee, is also suing the network, claiming she was coerced into giving misleading testimony. She also has made public new recordings in which Rudy Giuliani and Trump campaign officials say they cannot substantiate fraud allegations. | |
| “As counsel explained to the court, Fox produced the supplemental information from Ms Grossberg when we first learned it,” a Fox spokesperson said in a statement. “Rupert Murdoch has been listed as executive chairman of Fox News in our SEC filings for several years, and this filing was referenced by Dominion’s own attorney during his deposition.” | “As counsel explained to the court, Fox produced the supplemental information from Ms Grossberg when we first learned it,” a Fox spokesperson said in a statement. “Rupert Murdoch has been listed as executive chairman of Fox News in our SEC filings for several years, and this filing was referenced by Dominion’s own attorney during his deposition.” |
| The company is also facing a lawsuit from a shareholder who says the Murdochs and other officials breached their fiduciary duty by allowing false claims to be aired. | The company is also facing a lawsuit from a shareholder who says the Murdochs and other officials breached their fiduciary duty by allowing false claims to be aired. |
| A Fox spokesperson noted that viewership data “has not been impacted by the Dominion case” and has been steady or increased since the start of the trial process in mid-February. | A Fox spokesperson noted that viewership data “has not been impacted by the Dominion case” and has been steady or increased since the start of the trial process in mid-February. |