- Fox News claims Dominion's $1.6 billion defamation lawsuit poses a grave threat to free speech.
- Some First Amendment experts worry a Dominion victory could erode legal protections for the press.
- Others think it's important for the media to lose sometimes — especially in this case.
Lawyers love bombast. In any court case, it's common for attorneys to argue that the stakes for their client are so high, it would be a devastating injustice for a judge or jury to rule against them. But even by the standards of the profession, the language in Dominion's $1.6 billion lawsuit against Fox News has been downright apocalyptic.
In public statements and legal filings, Fox has said Dominion's litigation is an "unprecedented assault" on the Constitution.
"This case is a profound threat to the First Amendment, and it should be rejected in its entirety," lawyers for Fox News wrote in a filing urging a judge to dismiss the case, calling Dominion's argument "an extreme view of defamation law that no court could or should sanction."
Dominion, for its part, said it "paid the price" for Fox News' lies as the network threw democracy itself to the lions for the viewership ratings.
"Fox knew the truth. It knew the allegations against Dominion were 'outlandish' and 'crazy' and 'ludicrous' and 'nuts,'" Dominion Voting Systems' lawyers wrote in a filing, quoting texts and emails obtained from Fox News hosts and producers. "Yet it used the power and influence of its platform to promote that false...
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