Lawsuit Against Fox Is Shaping Up to Be a Major First Amendment Case - The New York Times - 0 views
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The case threatens a huge financial and reputational blow to Fox, by far the most powerful conservative media company in the country. But legal scholars say it also has the potential to deliver a powerful verdict on the kind of pervasive and pernicious falsehoods — and the people who spread them — that are undermining the country’s faith in democracy.
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“We’re litigating history in a way: What is historical truth?” said Lee Levine, a noted First Amendment lawyer
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“Here you’re taking very recent current events and going through a process which, at the end, is potentially going to declare what the correct version of history is.”
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Dominion is trying to build a case that aims straight at the top of the Fox media empire and the Murdochs. In court filings and depositions, Dominion lawyers have laid out how they plan to show that senior Fox executives hatched a plan after the election to lure back viewers who had switched to rival hard-right networks, which were initially more sympathetic than Fox was to Mr. Trump’s voter-fraud claims.
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Libel law doesn’t protect lies. But it does leave room for the media to cover newsworthy figures who tell them. And Fox is arguing, in part, that’s what shields it from liability.
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“The harm to Dominion from the lies told by Fox is unprecedented and irreparable because of how fervently millions of people believed them — and continue to believe them,”
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For Dominion to convince a jury that Fox should be held liable for defamation and pay damages, it has to clear an extremely high legal bar known as the “actual malice” standard. Dominion must show either that people inside Fox knew what hosts and guests were saying about the election technology company was false, or that they effectively ignored information proving that the statements in question were wrong — which is known in legal terms as displaying a reckless disregard for the truth.
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Dominion’s lawyers have focused some of their questioning in depositions on the decision-making hierarchy at Fox News, according to one person with direct knowledge of the case, showing a particular interest in what happened on election night inside the network in the hours after it projected Mr. Trump would lose Arizona.
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Fox has also been searching for evidence that could, in effect, prove the Dominion conspiracy theories weren’t really conspiracy theories. Behind the scenes, Fox’s lawyers have pursued documents that would support numerous unfounded claims about Dominion, including its supposed connections to Hugo Chávez, the Venezuelan dictator who died in 2013, and software features that were ostensibly designed to make vote manipulation easier.
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In one interview, Mr. Giuliani falsely claimed that Dominion was owned by a Venezuelan company with close ties to Mr. Chavez, and that it was formed “to fix elections.” (Dominion was founded in Canada in 2002 by a man who wanted to make it easier for blind people to vote.)
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A spokesman for Dominion declined to comment. In its initial complaint, the company’s lawyers wrote that “The truth matters,” adding, “Lies have consequences.”
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he hurdle Dominion must clear is whether it can persuade a jury to believe that people at Fox knew they were spreading lies.“Disseminating ‘The Big Lie’ isn’t enough,” said RonNell Andersen Jones, a law professor and First Amendment scholar at the University of Utah’s S.J. Quinney College of Law. “It has to be a knowing lie.”