After a hearing Tuesday, if Judge Eric M. Davis dismisses both requests for summary judgment — one by Dominion Voting systems in its $1.6 billion defamation lawsuit against Fox News and the other by Fox to throw out the suit — the case will head to trial in April.
The Denver-based electronic voting hardware and software company sued both Fox News and its parent company Fox Corporation for defamation in 2021. Dominion argues that Fox News employees touted false claims that Dominion had changed votes in the wake of the 2020 election, and that they gave guests a platform to make inaccurate and defamatory statements, even though they knew the claims were false, and they did so to avoid alienating their conservative audience.
In its reply brief filed ahead of Tuesday's hearing, Fox News argued that "so long as the press makes clear that the allegations are just allegations, it is free to offer its opinion that the allegations are 'credible' and merit investigation (as some Fox News hosts and other networks did), just as it is free to offer its opinion that the allegations are implausible (as other Fox News hosts and other networks did)."
Fox News is defending its coverage by claiming that the network was merely covering the statements made by the then-sitting president and his legal team which in and of itself were newsworthy.
"Dominion instead advances the radical position that it does not matter if the allegations were accurately presented as allegations, or even if they were...
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