A courtroom showdown between Fox News and Dominion Voting Systems over the network’s coverage of the 2020 election is putting a spotlight on protections for journalists that typically insulate them against defamation claims, including the neutral report privilege and the actual malice standard. Both sides argue their loss would have a devastating impact. Fox News claims no outlet would be able to cover newsworthy allegations without fear of a lawsuit and Dominion says siding with the network would give broadcasters free rein to knowingly spread lies. Despite their apparent alarm, or maybe because of it, First Amendment experts expect that they’ll settle their fight — and soon.

The legal battle began in March 2021 when Dominion sued Fox News for $1.6 billion. The company claims the cable channel knowingly amplified “radioactive falsehoods” about election fraud made by Donald Trump and his supporters because it was worried about losing its audience to Newsmax and OAN.

“Fox sold a false story of election fraud in order to serve its own commercial purposes, several injuring Dominion in the process,” states the complaint. “If this case does not rise to the level of defamation by a broadcaster, then nothing does.”

Dominion alleges that Fox experienced backlash for accurately reporting on the results of the election — including a Twitter tirade from Trump himself — and opted to knowingly disregard facts to try to win back viewers. The election technology supplier argues this...

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