Dominion Voting Systems v. Fox News Network#Discovery
{{Short description|2021 defamation lawsuit in the US}}
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{{use American English|date=April 2023}}
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{{Infobox court case
|name = Dominion Voting Systems v. Fox News Network
|court = Delaware Superior Court
|image = File:Seal of Delaware.svg
|imagesize = 150px
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|full name = US Dominion, Inc., Dominion Voting Systems, Inc., and Dominion Voting Systems Corporation v. Fox News Network, LLC; US Dominion, Inc., Dominion Voting Systems, Inc., and Dominion Voting Systems Corporation v. Fox Corporation
|date decided =
|citations = N21C-03-257; N21C-11-082
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|judges = Eric M. Davis
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|keywords = {{Hlist|Libel|Defamation|Actual malice}}
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Dominion Voting Systems v. Fox News Network (colloquially Dominion v. Fox) was a U.S. defamation lawsuit filed in March 2021 by Dominion Voting Systems against Fox News Channel and its corporate parent Fox Corporation. Dominion's complaint sought US$1.6{{nbsp}}billion in damages, alleging several Fox programs had broadcast false statements that Dominion's voting machines had been rigged to steal the 2020 United States presidential election from then-president Donald Trump. Fox News argued that it was reporting "pure opinion" regarding what others were saying which, if true, would be protected by the First Amendment to the Constitution.
Dominion focused on allegations made between November 2020 and January 2021 by hosts Maria Bartiromo, Tucker Carlson, Lou Dobbs, Sean Hannity, and Jeanine Pirro. Guests who often appeared with these hosts included Trump attorneys Rudy Giuliani and Sidney Powell, both of whom have also been sued individually by Dominion in federal court.{{efn|US Dominion v. Giuliani, 1:21-CV-00213 (D.D.C.); US Dominion v. Powell, 1:21-CV-00040 (D.D.C.).}} During pre-trial discovery, Fox News' internal communications were released, indicating that prominent hosts and top executives were aware the network was reporting false statements but continued doing so to retain viewers for financial reasons.
In a summary judgment on March 31, 2023, Delaware Superior Court judge Eric M. Davis ruled that none of the disputed statements Fox News made about Dominion were true and ordered a trial to determine if the network had acted with actual malice. Several prominent Fox News personalities and senior executives were expected to testify at trial. On April 18, as opening statements were about to begin, the judge announced that the parties had reached a settlement. Fox News agreed to pay Dominion $787.5 million and acknowledged the court's earlier ruling that Fox had broadcast false statements about Dominion. The settlement did not require Fox News to apologize. It is the largest known media settlement for defamation in U.S. history. Later that month, Tucker Carlson was fired from hosting Tucker Carlson Tonight, one of cable's highest-rated news shows, in response to the lawsuit's allegations of a toxic work environment on the show's set.
Background
After Trump's defeat in the 2020 presidential election, Fox News host Jeanine Pirro promoted baseless allegations on her program that Dominion and its competitor Smartmatic had conspired to rig the election against Trump. Hosts Lou Dobbs and Maria Bartiromo also promoted the allegations on their programs on sister network Fox Business.{{Cite news |date=February 4, 2021 |title=Fox News and three hosts sued for $2.7 billion by voting machine company over election-fraud claims |work=USA Today |publisher= |agency=Associated Press |url=https://www.usatoday.com/story/entertainment/tv/2021/02/04/fox-news-three-hosts-trump-lawyers-sued-over-election-fraud-claims/4392023001/ |url-status=live |access-date=February 23, 2022 |archive-url=https://web.archive.org/web/20211110172220/https://www.usatoday.com/story/entertainment/tv/2021/02/04/fox-news-three-hosts-trump-lawyers-sued-over-election-fraud-claims/4392023001/ |archive-date=November 10, 2021}} In December 2020, Smartmatic sent a letter to Fox News demanding retractions and threatening legal action, specifying that retractions "must be published on multiple occasions" so as to "match the attention and audience targeted with the original defamatory publications."{{cite web|url=https://www.mediaite.com/wp-content/uploads/2020/12/Legal-Notice-and-Retraction-Demand-from-Smartmatic-USA-Corp-to-Fox-News.pdf |archive-url=https://web.archive.org/web/20201214172710/https://www.mediaite.com/wp-content/uploads/2020/12/Legal-Notice-and-Retraction-Demand-from-Smartmatic-USA-Corp-to-Fox-News.pdf |archive-date=2020-12-14 |url-status=live|title=Legal Notice and Retraction Demand from Smartmatic USA Corp to Fox News|website=Mediaite|date=December 10, 2020|access-date=February 23, 2022}} Days later, each of the three programs aired the same three-minute video segment consisting of an interview with an election technology expert who refuted the allegations promoted by the hosts, responding to questions from an unseen and unidentified man. None of the three hosts personally issued retractions. Smartmatic filed a $2.7{{nbsp}}billion defamation suit against the network, the three hosts, Trump campaign attorney Sidney Powell and Trump personal attorney Rudy Giuliani in February 2021.{{cite web |last=Darcy |first=Oliver |date=February 4, 2021 |title=Voting technology company Smartmatic files $2.7 billion lawsuit against Fox News, Rudy Giuliani and Sidney Powell over 'disinformation campaign' |url=https://www.cnn.com/2021/02/04/media/smartmatic-fox-news-giuliani-powell-lawsuit/index.html |url-status=live |archive-url=https://web.archive.org/web/20210204230219/https://www.cnn.com/2021/02/04/media/smartmatic-fox-news-giuliani-powell-lawsuit/index.html |archive-date=February 4, 2021 |access-date=February 23, 2022 |website=CNN |publisher=}} In an April 2021 court brief seeking dismissal of the suit, Fox attorney Paul Clement argued that the network was simply "reporting allegations made by a sitting President and his lawyers."{{cite web |last=Naham |first=Matt |date=April 26, 2021 |title=Fox News Lawyers Renew Bid to Get Smartmatic's Billion-Dollar Case Thrown Out of Court: The Real 'Threat' to Democracy Is This Lawsuit |url=https://lawandcrime.com/2020-election/fox-news-lawyers-renew-bid-to-get-smartmatics-billion-dollar-case-thrown-out-of-court-the-real-threat-to-democracy-is-this-lawsuit/ |url-status=live |archive-url=https://web.archive.org/web/20220407171236/https://lawandcrime.com/2020-election/fox-news-lawyers-renew-bid-to-get-smartmatics-billion-dollar-case-thrown-out-of-court-the-real-threat-to-democracy-is-this-lawsuit/ |archive-date=April 7, 2022 |access-date=February 23, 2022 |website=Law & Crime}} The Smartmatic's lawsuit accusing Fox of defamation is still pending as of September 2023.{{cite news |last1=Russell |first1=Josh |date=September 20, 2023 |title=Fox News signals it's unlikely to settle Smartmatic's $2.7 billion suit |publisher= Courthouse News Service |url=https://www.courthousenews.com/fox-news-signals-its-unlikely-to-settle-smartmatics-2-7-billion-suit// |url-status=live |access-date=2023-10-02 |archive-url=https://web.archive.org/web/20230921160407/https://www.courthousenews.com/fox-news-signals-its-unlikely-to-settle-smartmatics-2-7-billion-suit/ |archive-date=2023-09-21}}
Lawsuit
=Filing=
In December 2020, Dominion sent a similar letter demanding retractions to Trump attorney Sidney Powell,{{cite news |last=Naham |first=Matt |date=December 17, 2020 |title=Days After Smartmatic's Legal Threat, Dominion Voting Systems Follows Suit with Demand Letter to Sidney Powell |work=Law & Crime |url=https://lawandcrime.com/2020-election/days-after-smartmatics-legal-threat-dominion-voting-systems-follows-suit-with-demand-letter-to-sidney-powell/ |url-status=live |access-date=April 5, 2023 |archive-url=https://web.archive.org/web/20210107044142/https://lawandcrime.com/2020-election/days-after-smartmatics-legal-threat-dominion-voting-systems-follows-suit-with-demand-letter-to-sidney-powell/ |archive-date=January 7, 2021}}{{cite news |date=December 18, 2020 |title=Lou Dobbs Airs Stunning Fact-Check of His Own Election Claims |work=Mediaite |url=https://www.mediaite.com/tv/lou-dobbs-airs-stunning-fact-check-of-his-own-election-conspiracies-after-company-threatens-legal-action/ |url-status=live |access-date=February 23, 2022 |archive-url=https://web.archive.org/web/20210107042912/https://www.mediaite.com/tv/lou-dobbs-airs-stunning-fact-check-of-his-own-election-conspiracies-after-company-threatens-legal-action/ |archive-date=January 7, 2021}}{{cite news |last=Barr |first=Jemery |date=December 19, 2020 |title=Lou Dobbs debunks his own claims of election fraud—after a legal demand from Smartmatic |newspaper=The Washington Post |url=https://www.washingtonpost.com/media/2020/12/19/lou-dobbs-debunk-fact-check-smartmatic/ |url-status=live |access-date=February 23, 2022 |archive-url=https://web.archive.org/web/20210111034649/https://www.washingtonpost.com/media/2020/12/19/lou-dobbs-debunk-fact-check-smartmatic/ |archive-date=January 11, 2021}} who had promoted the allegations on Fox programs.{{cite news |last=Luscombe |first=Richard |date=December 20, 2020 |title=Fox News fact-checks Smartmatic voting machine fraud claim in staged video |website=The Guardian |url=http://www.theguardian.com/media/2020/dec/20/fox-news-retracts-voting-machine-fraud-claim-smartmatic |url-status=live |access-date=February 23, 2022 |archive-url=https://web.archive.org/web/20210206093244/https://www.theguardian.com/media/2020/dec/20/fox-news-retracts-voting-machine-fraud-claim-smartmatic |archive-date=February 6, 2021}}{{cite news |date=December 20, 2020 |title=Jeanine Pirro's Show Runs Same Fact-Check as Lou Dobbs—At End of Show With Guest Host |work=Mediaite |url=https://www.mediaite.com/tv/jeanine-pirros-show-runs-same-fact-check-as-lou-dobbs-at-end-of-show-with-guest-host-filling-in/ |url-status=live |access-date=April 5, 2023 |archive-url=https://web.archive.org/web/20210206021045/https://www.mediaite.com/tv/jeanine-pirros-show-runs-same-fact-check-as-lou-dobbs-at-end-of-show-with-guest-host-filling-in/ |archive-date=February 6, 2021}}{{cite news |date=December 20, 2020 |title=Maria Bartiromo Airs Fact-Check, Adds 'We Will Keep Investigating' |work=Mediaite |url=https://www.mediaite.com/tv/maria-bartiromo-airs-same-fact-check-of-election-conspiracies-as-fox-colleagues-adds-we-will-keep-investigating/ |url-status=live |access-date=April 5, 2023 |archive-url=https://web.archive.org/web/20210111033201/https://www.mediaite.com/tv/maria-bartiromo-airs-same-fact-check-of-election-conspiracies-as-fox-colleagues-adds-we-will-keep-investigating/ |archive-date=January 11, 2021}} On March{{nbsp}}26, 2021, Dominion filed a $1.6{{Nbsp}}billion defamation lawsuit against Fox News, alleging that Fox and some of its pundits spread conspiracy theories about Dominion, and allowed guests to make false statements about the company.{{cite news|last=Izadi|first=Elahe|date=March 26, 2021|title=Fox News sued by Dominion Voting for $1.6 billion over election fraud claims|newspaper=The Washington Post|url=https://www.washingtonpost.com/media/2021/03/26/fox-dominion-lawsuit-defamation/|access-date=March 26, 2021|issn=0190-8286|archive-date=March 26, 2021|archive-url=https://web.archive.org/web/20210326155159/https://www.washingtonpost.com/media/2021/03/26/fox-dominion-lawsuit-defamation/|url-status=live}} On May{{nbsp}}18, 2021, Fox filed a motion to dismiss the lawsuit, asserting a First Amendment right "to inform the public about newsworthy allegations of paramount public concern."{{cite news |last1=Folkenflik |first1=David |last2=Romo |first2=Vanessa |date=May 18, 2021 |title=Fox News Moves To Have Dominion Voting Systems Lawsuit Dismissed |work=NPR |publisher= |url=https://www.npr.org/2021/05/18/998099249/fox-news-moves-to-have-dominion-voting-systems-lawsuit-dismissed |url-status=live |access-date=May 23, 2021 |archive-url=https://web.archive.org/web/20210521081212/https://www.npr.org/2021/05/18/998099249/fox-news-moves-to-have-dominion-voting-systems-lawsuit-dismissed |archive-date=May 21, 2021}} The motion to dismiss was denied on December{{nbsp}}16, 2021 by Davis.{{cite news |last1=Keller |first1=Aaron |date=December 16, 2021 |title='The Court Can Infer That Fox Intended to Avoid the Truth': Judge Refuses to Dismiss Dominion Lawsuit Against Fox News Over 2020 Election Coverage |work=Law & Crime |url=https://lawandcrime.com/2020-election/the-court-can-infer-that-fox-intended-to-avoid-the-truth-judge-refuses-to-dismiss-dominion-lawsuit-against-fox-news-over-2020-election-coverage/ |url-status=live |access-date=February 23, 2022 |archive-url=https://web.archive.org/web/20211217045755/https://lawandcrime.com/2020-election/the-court-can-infer-that-fox-intended-to-avoid-the-truth-judge-refuses-to-dismiss-dominion-lawsuit-against-fox-news-over-2020-election-coverage/ |archive-date=December 17, 2021}}
Specifically, Dominion focused on allegations made between November 2020 and January 2021 by Maria Bartiromo on her show Sunday Morning Futures with Maria Bartiromo and Fox & Friends; by Carlson on Tucker Carlson Tonight; by Dobbs on Lou Dobbs Tonight and on Dobbs's Twitter account; by Hannity on Hannity; and by Pirro on Justice with Judge Jeanine.{{cite web |last1=Davis |first1=Eric |title=Summary Judgment |url=https://s3.documentcloud.org/documents/23736885/dominion-v-fox-summary-judgment.pdf |publisher=Superior Court of the State of Delaware |date=31 March 2023 |access-date=April 20, 2023 |archive-date=March 31, 2023 |archive-url=https://web.archive.org/web/20230331225942/https://s3.documentcloud.org/documents/23736885/dominion-v-fox-summary-judgment.pdf |url-status=live }} Guests who often appeared during these segments included Rudy Giuliani and Sidney Powell. Dominion was represented by law firms Clare Locke, Farnan{{nbsp}}LLP, and Susman Godfrey.{{cite web |title=Dominion Files Defamation Suit Against Fox News Network, LLC |url=https://www.susmangodfrey.com/news-awards/sg-news/dominion-files-defamation-suit-against-fox-news-network-llc/ |website=Susman Godfrey LLP |date=March 2021 |access-date=2023-04-06 |archive-date=2023-04-06 |archive-url=https://web.archive.org/web/20230406034250/https://www.susmangodfrey.com/news-awards/sg-news/dominion-files-defamation-suit-against-fox-news-network-llc/ |url-status=live }} Fox retained Clement & Murphy, DLA Piper, Ellis George Cipollone, Lehotsky Keller, Richards Layton & Finger, and Winston & Strawn. In addition to asserting First Amendment protection, Fox News cited the landmark 1964 Supreme Court decision New York Times Co. v. Sullivan, which found a public figure seeking to prove defamation must demonstrate that a publisher acted with actual malice: that they knew what they published was false or recklessly disregarded whether it might be false.{{cite magazine |last1=Davidson Sorkin |first1=Amy |date=March 19, 2023 |title=Where Dominion v. Fox Could Lead |url=https://www.newyorker.com/magazine/2023/03/27/where-dominion-v-fox-could-lead |url-status=live |magazine=The New Yorker |archive-url=https://web.archive.org/web/20230407013857/https://www.newyorker.com/magazine/2023/03/27/where-dominion-v-fox-could-lead |archive-date=April 7, 2023 |access-date=April 7, 2023}}
In June 2022, Davis again declined to dismiss the Dominion suit against Fox News, and also allowed Dominion to sue the network's corporate parent, Fox Corporation. Davis ruled that Fox Corporation chairman Rupert Murdoch and CEO Lachlan Murdoch may have acted with actual malice because there was a reasonable inference they "either knew Dominion had not manipulated the election or at least recklessly disregarded the truth when they allegedly caused Fox News to propagate its claims about Dominion." He noted a report that Rupert Murdoch spoke with Trump a few days after the election and informed him that he had lost.{{cite news |author1=Erik Larson |author2=Mike Leonard |date=June 21, 2022 |title=Fox News Parent Has to Face Defamation Suit Over Vote-Rigging Claims |work=Bloomberg News |publisher= |url=https://www.bloomberg.com/news/articles/2022-06-21/fox-corp-loses-bid-to-toss-dominion-suit-over-election-claims |access-date=2023-04-05 }}
=Discovery=
The New York Times reported in December 2022 that Dominion had acquired communications between Fox News executives and hosts, and between a Fox Corporation employee and the Trump White House, showing they knew that what the network was reporting was untrue. Dominion attorneys said hosts Sean Hannity and Tucker Carlson, and Fox executives, attested to this in sworn depositions. In November 2020, Sidney Powell appeared on Hannity and asserted Dominion machines had been rigged, but Sean Hannity said in his deposition, "I did not believe it for one second."{{cite news |last1=Peters |first1=Jeremy W. |date=December 21, 2022 |title=In Testimony, Hannity and Other Fox Employees Said They Doubted Trump's Fraud Claims |work=The New York Times |url=https://www.nytimes.com/2022/12/21/business/media/sean-hannity-fox-trump-election.html |url-status=live |access-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230326101230/https://www.nytimes.com/2022/12/21/business/media/sean-hannity-fox-trump-election.html |archive-date=March 26, 2023}} A February 2023 Dominion court filing showed Fox News primetime hosts messaging each other to insult and mock Trump advisers, indicating the hosts knew the allegations made by Powell and Giuliani were false. Rupert Murdoch messaged that Trump's voter fraud claims were "really crazy stuff", telling Fox News CEO Suzanne Scott that it was "terrible stuff damaging everybody, I fear."{{cite news |title=Dominion Voting Systems v. Fox News Network court filing |url=https://int.nyt.com/data/documenttools/redacted-documents-in-dominion-fox-news-case/dca5e3880422426f/full.pdf |date=February 16, 2023 |access-date=April 5, 2023 |archive-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230405063319/https://int.nyt.com/data/documenttools/redacted-documents-in-dominion-fox-news-case/dca5e3880422426f/full.pdf |url-status=live }} As a January 2021 Georgia runoff election approached that would determine party control of the Senate, Murdoch told Scott, "Trump will concede eventually and we should concentrate on Georgia, helping any way we can."{{cite news |last1=Peters |first1=Jeremy W. |last2=Robertson |first2=Katie |date=February 16, 2023 |title=Fox Stars Privately Expressed Disbelief About Election Fraud Claims. 'Crazy Stuff.' |work=The New York Times |url=https://www.nytimes.com/2023/02/16/business/media/fox-dominion-lawsuit.html |url-status=live |access-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230410224421/https://www.nytimes.com/2023/02/16/business/media/fox-dominion-lawsuit.html?smid=nytcore-ios-share&referringSource=articleShare |archive-date=April 10, 2023}}{{cite news |last1=Rubin |first1=Olivia |last2=Bruggeman |first2=Lucien |date=February 16, 2023 |title=Fox News hosts called 2020 election fraud 'total BS' in private, new Dominion court filing says |work=ABC News |publisher= |url=https://abcnews.go.com/US/fox-news-hosts-called-2020-election-fraud-total/story?id=97261751 |url-status=live |access-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230217234056/https://abcnews.go.com/US/fox-news-hosts-called-2020-election-fraud-total/story?id=97261751 |archive-date=February 17, 2023}}{{cite news |last1=Klasfeld |first1=Adam |date=February 16, 2023 |title='Really crazy stuff': Rupert Murdoch trashed Rudy Giuliani's election theories, unsealed filing in Fox News suit reveals |work=Law & Crime |url=https://lawandcrime.com/2020-election/really-crazy-stuff-rupert-murdoch-trashed-rudy-giulianis-election-theories-unsealed-filing-in-fox-news-suit-reveals/ |url-status=live |access-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230308005248/https://lawandcrime.com/2020-election/really-crazy-stuff-rupert-murdoch-trashed-rudy-giulianis-election-theories-unsealed-filing-in-fox-news-suit-reveals/ |archive-date=March 8, 2023}}
The New York Times, on August{{nbsp}}13, 2022, noted that there had been no movement towards settlement from either Dominion or Fox, and both "are deep into document discovery, combing through years of each other's emails and text messages, and taking depositions".{{cite news |last=Peters |first=Jeremy W. |date=August 13, 2022 |title=Defamation Suit About Election Falsehoods Puts Fox on Its Heels |work=The New York Times |url=https://www.nytimes.com/2022/08/13/business/media/fox-dominion-lawsuit-first-amendment.html |url-status=live |access-date=August 24, 2022 |archive-url=https://web.archive.org/web/20220824232258/https://www.nytimes.com/2022/08/13/business/media/fox-dominion-lawsuit-first-amendment.html |archive-date=August 24, 2022}} They reported that sources "expected Rupert and Lachlan Murdoch, who own and control the Fox Corporation, to sit for depositions as soon as this month". Citing sources at Fox News, speaking under condition of anonymity, they reported "Anchors and executives have been preparing for depositions and have been forced to hand over months of private emails and text messages to Dominion." Among the current and former Fox personnel who have given or were set to give depositions in August were Steve Doocy, Dana Perino, and Shepard Smith. Sources also told the Times that Dominion was focusing on Lachlan Murdoch's reaction to President Trump's anger at the network calling Arizona for Biden, seeking to place him "in the room when the decisions about election coverage were being made". Accounts hold that the younger Murdoch did not pressure anyone to reverse the call, but "he did ask detailed questions about the process that Fox's election analysts had used after the call became so contentious." While Fox continued to claim that any statements made on air were covered by the First Amendment, and as such can not be considered defamation, the Times reported that "Fox has also been searching for evidence that could, in effect, prove the Dominion conspiracy theories weren't really conspiracy theories." After allegations arose that Venezuelan president Hugo Chávez—who died in 2013—was involved in rigging voting machines, lawyers for Fox in court filings asked Dominion to turn over any internal communications going back over a decade that include any of the words "Hugo", "Chávez", "tampered", "backdoor", "stolen", or "Trump". Fox's hiring of Dan K. Webb in the summer of 2022 was seen as "a sign that executives believe that the chances the case is headed to trial have increased".
On August{{nbsp}}31, 2022, Hannity was deposed by Dominion's lawyers.{{cite news |last=Peters |first=Jeremy W. |date=August 25, 2022 |title=Sean Hannity and Other Fox Stars Face Depositions in Defamation Suit |work=The New York Times |url=https://www.nytimes.com/2022/08/25/business/media/sean-hannity-fox-dominion-defamation.html |url-status=live |access-date=December 13, 2022 |archive-url=https://web.archive.org/web/20220902052908/https://www.nytimes.com/2022/08/25/business/media/sean-hannity-fox-dominion-defamation.html |archive-date=September 2, 2022}} The New York Times commented that in most defamation cases settlements are reached before any depositions are taken. As an example, they pointed to how Fox News had settled in 2020 after the parents of Seth Rich sued due to Hannity and other Fox personnel trying to link Rich's death to an email hack. In that case, Fox settled the case before Hannity could be deposed. This was taken as further proof that both sides anticipated the case going to trial.
In early December 2022, the Delaware Superior Court filed notice that Lachlan Murdoch would be deposed under oath at a Los Angeles law firm. The deposition was set to begin on December{{nbsp}}5 and "will continue from day to day (Sundays and holidays excluded) until complete, unless otherwise agreed".{{cite news |last=Folkenflik |first=David |date=December 4, 2022 |title=Dominion to depose Fox boss Lachlan Murdoch as defamation suit heats up |work=Iowa Public Radio |publisher= |agency=NPR |url=https://www.iowapublicradio.org/news-from-npr/news-from-npr/2022-12-04/dominion-to-depose-fox-boss-lachlan-murdoch-as-defamation-suit-heats-up |url-status=live |access-date=December 6, 2022 |archive-url=https://web.archive.org/web/20221206142823/https://www.iowapublicradio.org/news-from-npr/news-from-npr/2022-12-04/dominion-to-depose-fox-boss-lachlan-murdoch-as-defamation-suit-heats-up |archive-date=December 6, 2022}} Also in early December 2022, the Delaware Superior Court filed a notice that Rupert Murdoch would be deposed under oath on December 13–14 via video conference.{{cite news |last=Larson |first=Erik |date=December 5, 2022 |title=Rupert Murdoch to Be Deposed Next Week in Voting-Machine Suit Against Fox |work=BNN Bloomberg |url=https://www.bnnbloomberg.ca/rupert-murdoch-to-be-deposed-next-week-in-voting-machine-suit-against-fox-1.1855253 |url-status=live |access-date=December 6, 2022 |archive-url=https://web.archive.org/web/20221206141137/https://www.bnnbloomberg.ca/rupert-murdoch-to-be-deposed-next-week-in-voting-machine-suit-against-fox-1.1855253 |archive-date=December 6, 2022}} Previously Fox's lawyers had stated that any efforts to depose the Murdochs and put them at the center of the case would just be a "fruitless fishing expedition".
=Motions=
On February{{nbsp}}16, 2023, Dominion Voting Systems filed a motion for summary judgment against Fox News, with dozens of internal communications sent during the months after the 2020 presidential election.{{Cite news |url=https://www.washingtonpost.com/documents/59b93674-ba03-4bc1-94da-5e15f776fc43.pdf |title=Dominion's Brief in Support of Its Motion for Summary Judgment on Liability of Fox News Network, LLC and Fox Corporation Dated: January 17, 2022 Public Version Filed on February 16, 2023 |newspaper=The Washington Post |access-date=February 19, 2023 |archive-date=February 27, 2023 |archive-url=https://web.archive.org/web/20230227171734/https://www.washingtonpost.com/documents/59b93674-ba03-4bc1-94da-5e15f776fc43.pdf |url-status=live }} They showed several prominent network hosts and senior executives—including Fox Corporation chairman Rupert Murdoch and Fox News CEO Suzanne Scott—discussing their knowledge that the allegations of election fraud they were reporting were false. The communications showed their concerns that if they did not continue to report these falsehoods, viewers would be alienated and switch to rival conservative networks like Newsmax and OANN, impacting corporate profitability.{{cite news | last=Barr | first=Jeremy | title=Fox News hosts, execs privately doubted 2020 conspiracy claims shared on air | newspaper=The Washington Post | date=February 17, 2023 | url=https://www.washingtonpost.com/media/2023/02/16/fox-news-2020-lies-dominion-suit/ | access-date=February 17, 2023 | archive-date=February 17, 2023 | archive-url=https://web.archive.org/web/20230217043530/https://www.washingtonpost.com/media/2023/02/16/fox-news-2020-lies-dominion-suit/ | url-status=live }}{{cite web | last1=Peters | first1=Jeremy W. | last2=Robertson | first2=Katie | title=Fox Stars Privately Expressed Disbelief About Trump's Election Fraud Claims | website=The New York Times | date=February 16, 2023 | url=https://www.nytimes.com/2023/02/16/business/media/fox-dominion-lawsuit.html | access-date=February 18, 2023 | archive-date=February 17, 2023 | archive-url=https://web.archive.org/web/20230217235349/https://www.nytimes.com/2023/02/16/business/media/fox-dominion-lawsuit.html | url-status=live }}{{cite web | last=Darcy | first=Oliver | title=Analysis: Fox News has been exposed as a dishonest organization terrified of its own audience | website=CNN | date=February 17, 2023 | url=https://www.cnn.com/2023/02/17/business/fox-news-dominion-lies/index.html | access-date=February 20, 2023 | archive-date=February 20, 2023 | archive-url=https://web.archive.org/web/20230220015142/https://www.cnn.com/2023/02/17/business/fox-news-dominion-lies/index.html | url-status=live }}
Internal texts and other products of discovery against Fox revealed that Tucker Carlson privately doubted the false claims that the 2020 election was stolen and mocked Trump advisors, including Rudy Giuliani and Sidney Powell. Less than three weeks after the 2020 presidential election, Carlson also publicly cast doubt on Powell's claims pointing out on his show that she never provided his producers or Trump campaign officials with any evidence to support her allegations against Dominion.{{cite news |last=Trepany |first=Charles |date=November 20, 2020 |title=Tucker Carlson gives 'update' after segment on Sidney Powell, voter fraud draws backlash |url=https://www.usatoday.com/story/entertainment/celebrities/2020/11/20/tucker-carlson-gives-update-after-backlash-over-sidney-powell-segment/6367629002/ |work=USA Today |location= |access-date=April 20, 2023 |quote="When we kept pressing, she got angry and told us to stop contacting her," Carlson said in the Thursday segment. "When we checked with others around the Trump campaign, people in positions of authority, they told us Powell has never given them any evidence either, nor did she provide any today at the press conference." |archive-date=March 8, 2023 |archive-url=https://web.archive.org/web/20230308232556/https://www.usatoday.com/story/entertainment/celebrities/2020/11/20/tucker-carlson-gives-update-after-backlash-over-sidney-powell-segment/6367629002/ |url-status=live }} Carlson texted to Laura Ingraham, "Sidney Powell is lying by the way. I caught her. It's insane" and "Our viewers are good people and they believe it."{{cite web | last1=Peters | first1=Jeremy W | last2=Robertson | first2=Katie | title=Fox Stars Privately Expressed Disbelief About Trump's Election Fraud Claims | website=The New York Times | date=February 16, 2023 | url=https://www.nytimes.com/2023/02/16/business/media/fox-dominion-lawsuit.html | access-date=February 18, 2023 | archive-date=February 17, 2023 | archive-url=https://web.archive.org/web/20230217235349/https://www.nytimes.com/2023/02/16/business/media/fox-dominion-lawsuit.html | url-status=live }} Carlson texted to Sean Hannity, saying Fox News White House correspondent Jacqui Heinrich should be fired for tweeting a fact-check of false claims Trump made about Dominion. He wrote "Please get her fired. Seriously ... What the fuck? I'm actually shocked ... It needs to stop immediately, like tonight. It's measurably hurting the company. The stock price is down. Not a joke", and said he "just went crazy on" a Fox executive over Heinrich's reporting. Hannity replied that he had already spoken to Fox News CEO Suzanne Scott. By the next morning, Heinrich's tweet had been deleted.{{cite web | last=Stahl | first=Jeremy | title=Tucker Carlson's Dominion Text Messages Are a Thing of Beauty | website=Slate | date=February 17, 2023 | url=https://slate.com/news-and-politics/2023/02/tucker-carlson-text-messages-dominion-lawsuit-fox-news.html | access-date=February 18, 2023 | archive-date=February 17, 2023 | archive-url=https://web.archive.org/web/20230217222914/https://slate.com/news-and-politics/2023/02/tucker-carlson-text-messages-dominion-lawsuit-fox-news.html | url-status=live }}{{cite web | last1=Rubin | first1=Olivia | last2=Bruggeman | first2=Lucien | title=Fox News hosts called 2020 election fraud 'total BS' in private, new Dominion court filing says | website=ABC News | date=February 16, 2023 | url=https://abcnews.go.com/US/fox-news-hosts-called-2020-election-fraud-total/story?id=97261751 | access-date=February 18, 2023 | archive-date=February 17, 2023 | archive-url=https://web.archive.org/web/20230217234056/https://abcnews.go.com/US/fox-news-hosts-called-2020-election-fraud-total/story?id=97261751 | url-status=live }}{{cite web | last=Klasfeld | first=Adam | title='Really crazy stuff': Rupert Murdoch trashed Rudy Giuliani's election theories, unsealed filing in Fox News suit reveals | website=Law & Crime | date=February 16, 2023 | url=https://lawandcrime.com/2020-election/really-crazy-stuff-rupert-murdoch-trashed-rudy-giulianis-election-theories-unsealed-filing-in-fox-news-suit-reveals/ | access-date=March 5, 2023 | archive-date=March 8, 2023 | archive-url=https://web.archive.org/web/20230308005248/https://lawandcrime.com/2020-election/really-crazy-stuff-rupert-murdoch-trashed-rudy-giulianis-election-theories-unsealed-filing-in-fox-news-suit-reveals/ | url-status=live }}{{cite news |last1=Darcy |first1=Oliver |date=February 17, 2023 |title=Fox News stars and executives privately trashed Trump's election fraud claims, court document reveals |work=CNN |publisher= |url=https://www.cnn.com/2023/02/16/media/fox-news-stars-executives-court-documents/index.html |url-status=live |access-date=April 19, 2023 |archive-url=https://web.archive.org/web/20230409201205/https://www.cnn.com/2023/02/16/media/fox-news-stars-executives-court-documents/index.html |archive-date=April 9, 2023}}
In early 2023, Rupert Murdoch acknowledged in a deposition that some Fox News personalities were endorsing election fraud claims they knew were false.{{cite web | last=Matza | first=Max | title=Rupert Murdoch says Fox News hosts endorsed false election fraud claims | website=BBC News | date=2023-02-28 | url=https://www.bbc.com/news/world-us-canada-64794606 | access-date=2023-02-28 | archive-date=2023-03-07 | archive-url=https://web.archive.org/web/20230307075629/https://www.bbc.com/news/world-us-canada-64794606 | url-status=live }}{{cite web | last1=Peters | first1=Jeremy W | last2=Robertson | first2=Katie | title=Murdoch Acknowledges Fox News Hosts Endorsed Election Fraud Falsehoods | website=The New York Times | date=2023-02-27 | url=https://www.nytimes.com/2023/02/27/business/media/fox-news-dominion-rupert-murdoch.html | access-date=2023-02-28 | archive-date=2023-03-05 | archive-url=https://web.archive.org/web/20230305135145/https://www.nytimes.com/2023/02/27/business/media/fox-news-dominion-rupert-murdoch.html | url-status=live }}
Former Fox producer Abby Grossberg filed a lawsuit against Fox News in March 2023, alleging she had been pressured by Fox attorneys to provide misleading testimony to implicate herself and her manager Bartiromo.{{cite news |last1=Confessore |first1=Nicholas |last2=Robertson |first2=Katie |title=Fox Producer Says She Was Set Up in Dominion Case |url=https://www.nytimes.com/2023/03/20/business/media/fox-news-abby-grossberg.html |access-date=April 6, 2023 |work=The New York Times |date=March 20, 2023 |archive-date=April 6, 2023 |archive-url=https://web.archive.org/web/20230406041213/https://www.nytimes.com/2023/03/20/business/media/fox-news-abby-grossberg.html |url-status=live }}{{cite web |title=Grossberg v. Fox Complaint (1:23-cv-02368) |url=https://s3.documentcloud.org/documents/23718934/abby-grossberg-lawsuit-vs-fox-news-nysd.pdf |date=March 20, 2023 |access-date=April 6, 2023 |archive-date=March 21, 2023 |archive-url=https://web.archive.org/web/20230321201101/https://s3.documentcloud.org/documents/23718934/abby-grossberg-lawsuit-vs-fox-news-nysd.pdf |url-status=live }}
=Summary judgment=
On March{{nbsp}}31, 2023, Delaware Superior Court judge Eric Davis ruled in a summary judgment that it "is crystal clear that none of the statements relating to Dominion about the 2020 election are true" and ordered the case to trial on April{{nbsp}}17 to determine if the network had acted with actual malice.{{cite news |last1=Peters |first1=Jeremy W. |last2=Robertson |first2=Katie |date=March 31, 2023 |title=Fox News Suffers Major Setback in Its Defamation Case |work=The New York Times |url=https://www.nytimes.com/2023/03/31/business/fox-dominion-defamation-case.html |url-status=live |access-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230405161305/https://www.nytimes.com/2023/03/31/business/fox-dominion-defamation-case.html |archive-date=April 5, 2023}} Davis rejected the assertion of Fox News that the content in question should be treated as "pure opinion" protected by the First Amendment, ruling that the content was either assertions of fact or "mixed opinion." He added that even if the content were pure opinion, "accusations of criminal activity, even in the form of opinion, are not constitutionally protected." Davis forbade Fox News from invoking at trial the fair report privilege that protects journalists from liability for reporting on what they observe others say.{{cite news |last1=Cohen |first1=Marshall |last2=Darcy |first2=Oliver |date=March 31, 2023 |title=Dominion's historic defamation case against Fox News will go to trial, judge rules, in major decision dismantling key Fox defenses |work=CNN |publisher= |url=https://www.cnn.com/2023/03/31/media/fox-news-dominion-lawsuit/index.html |url-status=live |access-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230406000345/https://www.cnn.com/2023/03/31/media/fox-news-dominion-lawsuit/index.html |archive-date=April 6, 2023}}
Dominion expected to question several prominent hosts and executives, whom Fox News later said it "intends to make available" at trial.{{cite news |last1=Darcy |first1=Oliver |last2=Cohen |first2=Marshall |date=March 28, 2023 |title=Dominion wants Tucker Carlson, Sean Hannity and other Fox hosts and executives to take the stand at trial |work=CNN |publisher= |url=https://www.cnn.com/2023/03/28/media/fox-dominion-filing/index.html |url-status=live |access-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230405170502/https://www.cnn.com/2023/03/28/media/fox-dominion-filing/index.html |archive-date=April 5, 2023}}{{cite news |last1=Cohen |first1=Marshall |date=April 4, 2023 |title=Tucker Carlson, Sean Hannity among prominent Fox hosts, execs set to take stand at defamation trial |work=CNN |publisher= |url=https://www.cnn.com/2023/04/04/media/tucker-carlson-sean-hannity-fox-news-dominion/index.html |url-status=live |access-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230405170502/https://www.cnn.com/2023/04/04/media/tucker-carlson-sean-hannity-fox-news-dominion/index.html |archive-date=April 5, 2023}} Judge Davis said on April{{nbsp}}5 that he would not quash a Dominion subpoena for the testimony of Rupert Murdoch, Lachlan Murdoch, or Paul Ryan, who is a Fox Corporation board member.{{cite news |last1=Timm |first1=Jane C. |date=April 2, 2023 |title=Judge willing to force Rupert Murdoch to testify in the Fox News-Dominion trial |work=NBC News |publisher= |url=https://www.nbcnews.com/politics/politics-news/dominion-demands-rupert-murdoch-testify-live-defamation-trial-rcna78306 |url-status=live |access-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230405214638/https://www.nbcnews.com/politics/politics-news/dominion-demands-rupert-murdoch-testify-live-defamation-trial-rcna78306 |archive-date=April 5, 2023}} He further ruled that no testimony during the trial should mention the January{{nbsp}}6 attack, calling it "a really big issue that has to be stayed away from" and noting that only one of the broadcasts in question had occurred after that date. "I don't see January{{nbsp}}6 as relevant in this case," he said, adding "I know that probably shocks everyone".{{cite news |last1=Chase |first1=Randall |date=April 5, 2023 |title=Jury in defamation suit against Fox won't hear about Jan. 6 |work=Associated Press |url=https://apnews.com/article/voting-defamation-dominion-fox-news-379b39e85dc9c06cae88341f9a5bd8b0 |url-status=live |access-date=April 6, 2023 |archive-url=https://web.archive.org/web/20230406033609/https://apnews.com/article/voting-defamation-dominion-fox-news-379b39e85dc9c06cae88341f9a5bd8b0 |archive-date=April 6, 2023}} However, Davis said witnesses could be asked about strategic decisions made after the attack; he noted an email in which Rupert Murdoch said Fox was "pivoting as far as possible" after January{{nbsp}}6.{{cite news |last1=Barr |first1=Jeremy |date=April 11, 2023 |title=Judge bars Dominion from mentioning Jan. 6 riot in Fox defamation trial |newspaper=The Washington Post |url=https://www.washingtonpost.com/media/2023/04/11/fox-dominion-jan6-ruling/}}
Davis also prohibited Fox News from telling the jury the network's coverage had news value, an argument Fox had intended to emphasize, warning that if it was mentioned "I would have to tell the jury that newsworthiness is not a defense to defamation." Dominion attorneys told Davis they had learned only recently that Murdoch was an officer of Fox News, not merely of Fox Corporation as Fox attorneys had led them to believe, which limited Dominion's access to documents during discovery. A Dominion attorney said it "really affected how we have litigated this case," and Davis said it may have caused him to make "an entirely wrong decision" when he had recently narrowed the scope of the case. A Fox attorney said the Murdoch officer title was simply an honorific.{{cite news |last1=Barr |first1=Jeremy |date=April 11, 2023 |title=Judge chides Fox News over Dominion claim of 'missing' Murdoch documents |newspaper=The Washington Post |url=https://www.washingtonpost.com/media/2023/04/11/dominion-judge-chides-fox-murdoch/ |url-status=live |access-date=April 11, 2023 |archive-url=https://web.archive.org/web/20230412005445/https://www.washingtonpost.com/media/2023/04/11/dominion-judge-chides-fox-murdoch/ |archive-date=April 12, 2023}} Davis said the next day that he planned to appoint a special master to investigate whether Fox News had lied to the court to withhold evidence; Davis also sanctioned Fox by allowing Dominion to depose additional witnesses.{{cite news |last1=Cohen |first1=Marshall |date=April 12, 2023 |title=Judge in Dominion case sanctions Fox for withholding evidence, plans to appoint special master to probe possible misconduct |work=CNN |publisher= |url=https://www.cnn.com/2023/04/12/media/fox-news-dominion-special-master/index.html |url-status=live |access-date=April 12, 2023 |archive-url=https://web.archive.org/web/20230412172716/https://www.cnn.com/2023/04/12/media/fox-news-dominion-special-master/index.html |archive-date=April 12, 2023}} In an April 14 letter to Davis, a Fox News attorney apologized for the "misunderstanding" regarding Murdoch's role, saying Fox "never intended to omit information ... to mislead the Court or evade the question."{{cite news |last1=Cohen |first1=Marshall |date=April 15, 2023 |title=Fox News apologizes to judge for 'misunderstanding' over Rupert Murdoch's role that sparked investigation |work=CNN |publisher= |url=https://www.cnn.com/2023/04/15/media/fox-news-rupert-murdoch-apology/index.html#:~:text=Fox%20News%20formally%20apologized%20to,a%20letter%20obtained%20by%20CNN. |url-status=live |access-date=April 16, 2023 |archive-url=https://web.archive.org/web/20230416000324/https://www.cnn.com/2023/04/15/media/fox-news-rupert-murdoch-apology/index.html#:~:text=Fox%20News%20formally%20apologized%20to,a%20letter%20obtained%20by%20CNN. |archive-date=April 16, 2023}} Davis appointed the special master on the first day of the trial.{{cite news |last1=Jester |first1=Julia |last2=C. Timm |first2=Jane |last3=Arkin |first3=Daniel |date=April 18, 2023 |title=Judge appoints special master in Dominion V. Fox News case |work=NBC News |publisher= |url=https://www.nbcnews.com/media/live-blog/-fox-news-dominion-trial-live-updates-rcna79492#rcrd12582}}
Trial
On April{{nbsp}}13, jury selection began. On April{{nbsp}}16, the night before the trial was scheduled to begin, Judge Davis announced a one-day delay, without any further details,{{cite news |last1=Grynbaum |first1=Michael M. |date=April 13, 2023 |title=Landmark Trial Against Fox News Could Affect the Future of Libel Law |work=The New York Times |url=https://www.nytimes.com/2023/04/13/business/media/fox-dominion-libel-trial.html |url-status=live |access-date=April 13, 2023 |archive-url=https://web.archive.org/web/20230413181617/https://www.nytimes.com/2023/04/13/business/media/fox-dominion-libel-trial.html |archive-date=April 13, 2023}} reportedly having asked the parties to try to settle.{{cite news |last1=Helderman |first1=Rosalind S. |last2=Ellison |first2=Sarah |last3=Barr |first3=Jeremy |title=Dominion v. Fox trial delayed for settlement talks, people familiar with the matter say |url=https://www.washingtonpost.com/media/2023/04/16/fox-news-dominion-trial/ |newspaper=The Washington Post |date=April 16, 2023 |quote=But two people familiar with the case said the two sides are scheduled to meet Monday to determine if a last-minute deal to avoid trial could be brokered. One of the people said the judge had asked the parties to make a final effort to settle the issue before proceeding with a trial. |access-date=April 17, 2023 |archive-date=April 17, 2023 |archive-url=https://web.archive.org/web/20230417022725/https://www.washingtonpost.com/media/2023/04/16/fox-news-dominion-trial/ |url-status=live }}{{cite news |last1=Peters |first1=Jeremy W. |last2=Robertson |first2=Katie |date=April 17, 2023 |title=Judge Delays Fox and Dominion Trial by a Day |work=The New York Times |url=https://www.nytimes.com/2023/04/17/business/fox-dominion-trial-delay.html |url-status=live |access-date=April 17, 2023 |archive-url=https://web.archive.org/web/20230417171337/https://www.nytimes.com/2023/04/17/business/fox-dominion-trial-delay.html |archive-date=April 17, 2023 |quote=However, three people directly involved in the case said that they did not expect the parties to settle. Lawyers for Dominion were filing requests with the court on Monday morning, an indication they expected the case to go to trial on Tuesday.}} CNN later reported the delay was to allow veteran mediator Jerry Roscoe time to attempt to reach a deal.{{cite news |last1=Cohen |first1=Marshall |last2=Darcy |first2=Oliver |date=April 19, 2023 |title=Inside the historic settlement talks between Fox News and Dominion |work=CNN |url=https://www.cnn.com/2023/04/19/media/fox-dominion-how-it-happened/index.html |access-date=April 20, 2023 |archive-date=April 20, 2023 |archive-url=https://web.archive.org/web/20230420022646/https://www.cnn.com/2023/04/19/media/fox-dominion-how-it-happened/index.html |url-status=live }}
On April 18, the trial was set to begin with opening statements, but was delayed again for the final time.{{Cite news |last1=Peters |first1=Jeremy W. |last2=Robertson |first2=Katie |date=2023-04-18 |title=Dominion-Fox News Trial: Update from Jim Rutenberg |language=en-US |work=The New York Times |url=https://www.nytimes.com/live/2023/04/18/business/fox-news-dominion-trial |url-status=live |access-date=2023-04-18 |archive-url=https://web.archive.org/web/20230418160533/https://www.nytimes.com/live/2023/04/18/business/fox-news-dominion-trial |archive-date=2023-04-18 |issn=0362-4331}} The rules stipulated that reporters in the courtroom would not have been allowed to access the internet nor broadcast audio or video.{{cite news |last1=Robertson |first1=Katie |title=In Fox-Dominion Trial, All Eyes Are on the Judge, Too |url=https://www.nytimes.com/2023/04/13/business/media/fox-dominon-judge-davis.html |work=The New York Times |date=April 13, 2023 |access-date=April 13, 2023 |archive-date=April 13, 2023 |archive-url=https://web.archive.org/web/20230413173224/https://www.nytimes.com/2023/04/13/business/media/fox-dominon-judge-davis.html |url-status=live }}
Settlement
With the jury seated and attorneys about to make their opening statements, Davis announced Dominion and Fox News had reached a settlement. Fox agreed to pay Dominion $787.5{{nbsp}}million. At the time of the settlement, Fox Corporation had $4.1{{nbsp}}billion cash on hand.{{cite news |author=Enrich |first=David |date=April 18, 2023 |title=The $787.5 million deal is one of the largest defamation settlements in U.S. history. |work=The New York Times |url=https://www.nytimes.com/live/2023/04/18/business/fox-news-dominion-trial-settlement/the-787-5-million-deal-is-one-of-the-largest-defamation-settlements-in-us-history?smid=url-share |url-status=live |access-date=April 19, 2023 |archive-url=https://web.archive.org/web/20230419011135/https://www.nytimes.com/live/2023/04/18/business/fox-news-dominion-trial-settlement |archive-date=April 19, 2023}} Deadline Hollywood reported that the payment would be tax-deductible for Fox.{{cite web |last1=Goldsmith |first1=Jill |last2=Johnson |first2=Ted |title=Magnitude Of Fox Settlement Takes Wall Street By Surprise – But It's Tax Deductible |url=https://deadline.com/2023/04/fox-news-dominion-settlement-tax-deductible-1235330714/ |website=Deadline Hollywood |date=April 19, 2023 |access-date=April 20, 2023 |archive-date=April 20, 2023 |archive-url=https://web.archive.org/web/20230420004101/https://deadline.com/2023/04/fox-news-dominion-settlement-tax-deductible-1235330714/ |url-status=live }} The settlement was one of the largest defamation settlements in U.S. history, and is believed to be the largest defamation settlement in U.S. history by a media organization.[https://www.economist.com/united-states/2023/04/17/the-dominion-lawsuit-showed-the-limits-of-foxs-influence-over-its-audience The Dominion lawsuit showed the limits of Fox's influence over its audience], Economist (April 17, 2023): "That figure dwarfs what is thought to be the second-largest defamation settlement involving a news outlet, the $177m paid by ABC News in 2017 to a meat producer whose products it reported were unsafe"
Fox released a statement saying, in part, "We acknowledge the Court's rulings finding certain claims about Dominion to be false. This settlement reflects Fox's continued commitment to the highest journalistic standards."{{cite news |last1=Thorbecke |first1=Catherine |last2=Hayes |first2=Mike |last3=Cohen |first3=Marshall |last4=Darcy |first4=Oliver |last5=Passantino |first5=Jon |date=April 18, 2023 |title=Settlement reached in Dominion defamation lawsuit against Fox News |work=CNN |publisher= |url=https://www.cnn.com/business/live-news/fox-news-dominion-trial-04-18-23 |url-status=live |access-date=April 18, 2023 |archive-url=https://web.archive.org/web/20230418210804/https://www.cnn.com/business/live-news/fox-news-dominion-trial-04-18-23 |archive-date=April 18, 2023}} The settlement did not require Fox News to apologize for any wrongdoing in its programming.{{cite news |last1=Rutenberg |first1=Jim |last2=Robertson |first2=Katie |date=April 18, 2023 |title=A $787.5 Million Settlement and Embarrassing Disclosures: The Costs of Airing a Lie |work=The New York Times |url=https://www.nytimes.com/2023/04/18/technology/fox-news-dominion-settlement.html |url-status=live |access-date=April 19, 2023 |archive-url=https://web.archive.org/web/20230419004104/https://www.nytimes.com/2023/04/18/technology/fox-news-dominion-settlement.html |archive-date=April 19, 2023}}
Reactions and analysis
=Prior to settlement=
Elon University School of Law professor Enrique Armijo said that it is "so rare to have such contemporaneous evidence of a defamation defendant's state of mind when the statements are being made".{{cite news |last1=Dickson |first1=Caitlin |date=March 7, 2023 |title='An egregious violation of journalism ethics': Experts slam Fox News' conduct in Dominion case |work=Yahoo! News |url=https://news.yahoo.com/an-egregious-violation-of-journalism-ethics-experts-slam-fox-news-conduct-in-dominion-case-184832045.html?guccounter=1 |url-status=live |access-date=April 6, 2023 |archive-url=https://web.archive.org/web/20230406045321/https://news.yahoo.com/an-egregious-violation-of-journalism-ethics-experts-slam-fox-news-conduct-in-dominion-case-184832045.html?guccounter=1 |archive-date=April 6, 2023}} First Amendment attorney Martin Garbus told the New York Times "there has never been a case like this. It's going to be a dramatic moment in American history."
Howard Kurtz, host of the Fox News program Media Buzz, called the case "a major test of the First Amendment". Kurtz had two weeks earlier told his viewers that the network would not allow him to discuss the case.{{cite news |last1=Mueller |first1=Julia |date=March 12, 2023 |title=Fox News' Howard Kurtz calls Dominion lawsuit a 'major test of the First Amendment' |work=The Hill |url=https://thehill.com/homenews/sunday-talk-shows/3896576-fox-news-howard-kurtz-on-dominion-lawsuit-major-test-of-the-first-amendment/ |url-status=live |access-date=April 6, 2023 |archive-url=https://web.archive.org/web/20230406143741/https://thehill.com/homenews/sunday-talk-shows/3896576-fox-news-howard-kurtz-on-dominion-lawsuit-major-test-of-the-first-amendment/ |archive-date=April 6, 2023}}
=After the settlement=
Fox News' coverage of the settlement was minimal relative to that of other major news outlets.{{cite news |last1=Thompson |first1=Stuart A. |date=April 18, 2023 |title=Fox News's settlement in the Dominion case is big news, except on Fox News. |work=The New York Times |url=https://www.nytimes.com/2023/04/18/business/media/fox-news-dominion-settlement-coverage.html |url-status=live |access-date=April 19, 2023 |archive-url=https://web.archive.org/web/20230419071129/https://www.nytimes.com/2023/04/18/business/media/fox-news-dominion-settlement-coverage.html |archive-date=April 19, 2023}}
On April 24, 2023, Fox News announced that Tucker Carlson had agreed to depart the network. It was reported that Carlson had been fired by Murdoch in the wake of the aforementioned Grossberg lawsuit, but that the firing was connected to the suit's allegations of an antisemitic and misogynist culture among the Tucker Carlson Tonight staff, and not the Dominion suit.{{Cite web |last1=Battaglio |first1=Stephen |date=2023-04-24 |title=Tucker Carlson departs Fox News, pushed out by Rupert Murdoch |url=https://www.latimes.com/entertainment-arts/business/story/2023-04-24/tucker-carlson-is-out-at-fox-news |access-date=2023-04-24 |website=Los Angeles Times |language=en-US}}{{Cite news |last=Levine |first=Sam |date=2023-04-24 |title=Tucker Carlson leaves Fox News in surprise announcement |language=en-GB |work=The Guardian |url=https://www.theguardian.com/media/2023/apr/24/tucker-carlson-leaving-fox-news |access-date=2023-04-24 |issn=0261-3077}} Tucker Carlson Tonight had been the highest-rated cable news program at various points from 2021 to 2023.{{Cite web |last=Katz |first=A. J. |date=2022-01-03 |title=Top Cable News Shows of 2021: Tucker Carlson Tonight Is No. 1 in All Measurements For First Time Ever |url=https://www.adweek.com/tvnewser/top-cable-news-shows-of-2021-tucker-carlson-tonight-is-no-1-in-all-categories-for-first-time-ever/ |access-date=2024-11-13 |language=en-US}}{{Cite web |last=Joyella |first=Mark |title=With 3.5 Million Viewers, Tucker Carlson Has The Week's Highest-Rated Cable News Show |url=https://www.forbes.com/sites/markjoyella/2023/02/14/with-35-million-viewers-tucker-carlson-has-the-weeks-highest-rated-cable-news-show/ |access-date=2024-11-13 |website=Forbes |language=en}}{{Cite web |last1=Battaglio |first1=Stephen |date=2022-12-19 |title=Fox News' 'The Five' topples 'Tucker Carlson Tonight' to become new cable news ratings leader |url=https://www.latimes.com/entertainment-arts/business/story/2022-12-19/the-five-topples-tucker-carlson-tonight-to-become-the-new-cable-news-ratings-champ |access-date=2024-11-13 |website=Los Angeles Times |language=en-US}} Fox News, which still topped ratings that summer, lost a notable amount of viewers, some of whom moved to watching Newsmax.{{Cite news |last=Barr |first=Jeremy |date=August 17, 2023 |title=Fox News regains some viewers lost after the firing of Tucker Carlson |url=https://www.washingtonpost.com/media/2023/08/17/fox-news-ratings-rebound-jesse-watters-carlson/ |access-date=November 13, 2024 |newspaper=The Washington Post}}{{Cite web |last1=Battaglio |first1=Stephen |date=2023-04-26 |title=Fox News prime-time ratings plummet after Tucker Carlson firing as Newsmax sees boost |url=https://www.latimes.com/entertainment-arts/business/story/2023-04-26/fox-news-ratings-plummet-without-tucker-carlson |access-date=2024-11-13 |website=Los Angeles Times |language=en-US}}{{Cite web |last=Johnson |first=Ted |date=2023-05-31 |title=Fox News Tops May Ratings But Sees Viewership Fall After Dropping Tucker Carlson From Primetime |url=https://deadline.com/2023/05/fox-news-tucker-carlson-may-ratings-1235383937/ |access-date=2024-11-13 |website=Deadline |language=en-US}} Its timeslot was replaced by Fox News Tonight.{{Cite web |last=Robertson |first=Katie |date=April 24, 2023 |title='Fox News Tonight' Replaces Tucker Carlson's Show |url=https://www.nytimes.com/2023/04/24/business/media/fox-news-tonight-tucker-carlson.html |access-date=November 13, 2024 |website=The New York Times}}
Explanatory notes
{{Notelist}}
References
{{reflist}}
External links
- [https://s3.documentcloud.org/documents/22065175/dominion-v-fox.pdf Dominion Voting Systems v Fox Corporation], [[Delaware Superior Court|Superior Court of the State of Delaware
]], Complaint, Submitted March 15, 2022.
- [https://int.nyt.com/data/documenttools/redacted-documents-in-dominion-fox-news-case/dca5e3880422426f/full.pdf Dominion Voting Systems v Fox Corporation], Superior Court of the State of Delaware, Brief in Support of Dominion Motion for Summary Judgment on Liability of Fox News Network, Public version filed February 16, 2023.
- [https://www.documentcloud.org/documents/23736885-dominion-v-fox-summary-judgment Dominion Voting Systems v Fox Corporation], Summary Judgment, Submitted March 22, 2023, Decided March 31, 2023.
{{Fox Corporation}}
Category:April 2023 in the United States
Category:Fox News criticisms and controversies
Category:Post-election lawsuits related to the 2020 United States presidential election
Category:United States defamation case law