A Delaware judge said Fox News could not argue newsworthiness to defend airing false claims, and limited how Dominion Voting Systems could reference the Jan. 6 attack.
WILMINGTON, Del. — A judge ruled on Tuesday that Fox News could not argue that it broadcast false information about Dominion Voting Systems on the basis that the allegations were newsworthy, limiting a key line of defense for the network as it faces the beginning of a potentially costly defamation trial next week.
The judge, Eric M. Davis of Delaware Superior Court, also ruled that Dominion could not reference the Jan. 6, 2021, assault on the Capitol except in very narrow circumstances, saying that he did not want jurors to be prejudiced by events that weren’t relevant to the central question in the case: Did Fox air wild claims about Dominion’s purported involvement in a conspiracy to steal the 2020 presidential election from Donald J. Trump knowing that they were lies?
In the first of two days of pretrial hearings, Judge Davis set many of the parameters that will govern how the trial is run, including what kinds of arguments the 12-person jury can hear and what questions lawyers may ask during jury selection to weed out those they believe will not be impartial.
The hearing covered matters large and seemingly small, from the application of the First Amendment in the case to how jurors may take notes.
Judge Davis said he would allow lawyers to ask potential jurors about their cable news viewing habits and...
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