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In a stunning turn of events, Fox News and Dominion Voting Systems reached a last-minute settlement Tuesday in the highly anticipated defamation lawsuit, averting a trial that promised to expose internal communications and potentially reshape the landscape of media accountability. Delaware Superior Court Judge Eric M. Davis announced the resolution, stating, “The parties have resolved their case,” and commended the jurors for their presence, noting it was “extremely important” in facilitating the agreement.
The settlement came after jurors had been sworn in and just as opening statements were about to begin in Wilmington, Delaware. An hours-long, unexplained delay in proceedings fueled speculation that a deal was being quietly brokered, ultimately proving correct. The case centered around allegations that Fox News knowingly broadcast false claims about Dominion Voting Systems following the 2020 presidential election, contributing to conspiracy theories about widespread voter fraud.
This settlement effectively ends the legal battle, shielding influential Fox News executives and on-air personalities from having to testify about their network’s coverage of the 2020 election. Dominion Voting Systems had sought $1.6 billion in damages, alleging that the false statements caused significant harm to its reputation and business.
While the exact terms of the settlement remain confidential and may never be publicly disclosed, the agreement marks a significant moment for both parties. Fox News, while maintaining its stance that it did not defame Dominion, avoids the potential financial and reputational damage of a public trial. Dominion, in turn, secures a substantial resolution to its claims and underscores the importance of truth and accuracy in media reporting.
The Core of the Dispute: False Claims and “Actual Malice”
The lawsuit, filed in March 2021, stemmed from broadcasts on Fox News programs hosted by Maria Bartiromo, Tucker Carlson, Lou Dobbs, Sean Hannity and Jeanine Pirro, among others. Dominion alleged that these programs amplified false claims made by guests, including attorneys Rudy Giuliani and Sidney Powell, about Dominion’s voting machines being rigged to steal the election from then-President Donald Trump. Dominion v. Fox hinged on proving “actual malice” – that Fox News knowingly published false statements or acted with reckless disregard for the truth. Judge Eric M. Davis ruled in a summary judgment on March 31, 2023, that “none of the disputed statements Fox News made about Dominion were true,” strengthening Dominion’s position heading into the potential trial as reported by Factually.
Internal Communications Revealed Damaging Details
During the pre-trial discovery phase, internal communications from Fox News were released, revealing that prominent hosts and executives were aware the network was reporting false statements but continued to do so, allegedly to retain viewers and boost ratings. This evidence proved crucial to Dominion’s case, demonstrating a potential motive for knowingly spreading misinformation. Fox News argued that its coverage constituted “pure opinion” protected by the First Amendment, a claim Judge Davis rejected in his summary judgment.
What’s Next: Smartmatic Lawsuit and Broader Implications
Although the Dominion lawsuit is now settled, Fox News faces another significant defamation challenge from Smartmatic, another voting technology company that similarly alleges it was falsely accused of manipulating the 2020 election results. That case is still in the discovery process, and a trial is not expected in the near future. The outcome of the Smartmatic lawsuit could further illuminate the network’s editorial practices and potentially lead to additional financial repercussions.
The settlement in Dominion v. Fox has broader implications for the media landscape, raising questions about the responsibility of news organizations to verify information and the consequences of spreading false narratives. It underscores the potential legal risks associated with amplifying unsubstantiated claims, particularly those that undermine democratic processes. The case also highlights the challenges of balancing First Amendment protections with the need to hold media outlets accountable for defamation.
As the dust settles on this landmark case, the focus now shifts to the Smartmatic lawsuit and the ongoing debate about media ethics and accountability. The resolution serves as a stark reminder of the power of the press and the importance of safeguarding the integrity of information in a democratic society.
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