The New York Times and a consortium of media organizations are asking a judge to rule whether Fox News improperly redacted portions of texts and email exchanges that were introduced as evidence in Dominion Voting Systems’ defamation lawsuit against the network.
Dominion and Fox settled the case last month for $787.5 million, in what is believed to be the largest out-of-court payout in a defamation case. But left unaddressed was a legal challenge filed by The Times in January that sought to unseal some of what Fox and Dominion had marked as confidential in their legal filings.
On Monday, a lawyer representing The Times wrote to Judge Eric M. Davis of Delaware Superior Court saying that the issue was not moot simply because the case had been settled. There is strong legal precedent, the letter said, affirming the public’s right to understand what unfolded in cases that are resolved before they go to trial.
“Here, the public’s interest in having an accurate and complete record of documents filed with the court is imperative to its understanding of the nature of the parties’ claims and the court’s bases for the many rulings it made prior to the settlement,” the letter said.
The case was focused on whether Fox News had knowingly aired false claims about Dominion and its voting machines after the 2020 election. Under the law in Delaware, where the dispute was being heard, parties in a lawsuit have to have “good cause” to keep information confidential. The reasons for doing so...
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