Current:Home > reviewsThe $1.6 billion Dominion v. Fox News trial starts Tuesday. Catch up here -NextFrontier Finance
The $1.6 billion Dominion v. Fox News trial starts Tuesday. Catch up here
View
Date:2025-04-17 01:11:33
Conservative TV darlings Tucker Carlson, Sean Hannity and a slew of other Fox News stars and executives, including the network's 92-year-old owner Rupert Murdoch, may soon have their days in court in what stands to be the biggest media trial since the 1980s.
Colorado-based Dominion Voting Systems, a tech company that manufactures electronic voting machines, is suing Fox News and its parent company Fox Corp. for defaming it in the weeks following the 2020 election and irreparably damaging its business.
The trial had been scheduled to begin on Monday in Delaware Superior Court. Judge Eric M. Davis pushed the start date back by a day as the legal teams for Dominion and Fox discuss a potential settlement.
Davis told a courtroom of mostly reporters on Monday that a 24-hour delay was "not unusual" and that he had planned for a few extra days surrounding the trial, which is expected to last around six weeks.
Here's what you need to know about the case.
Why is Dominion suing Fox?
Following the 2020 election, Fox News repeatedly broadcast baseless claims that Dominion's voting machines had flipped votes meant for then-President Donald Trump to Joe Biden. Fox hosts and their on-air guests promoted the falsehoods for weeks after Trump's loss — and even after the claims had been debunked.
Dominion alleges that Fox hosts and executives knew that those claims about its voting machines were false — or, at the very least, acted with reckless disregard for the truth — in a bid to rescue the network's ratings. After being the first network to call the pivotal state of Arizona for Biden on election night, Fox News saw its audience numbers plummet. (Many of its viewers were Trump supporters.)
How does Fox explain the repeated falsehoods over the 2020 election?
For its part, Fox holds it aired the claims of voter fraud because they came directly from a sitting president and his surrogates. Its lawyers argue that any claim Trump made — including about Dominion voting machines — was inherently newsworthy.
Attorneys for Fox have also claimed that the First Amendment, which protects freedom of speech, shields the network from being punished for what its guests say on air — even "speech [it doesn't] think is right."
"FOX News remains steadfast in protecting the rights of a free press," according to a Fox spokesperson in a statement shared Friday.
Dominion, in a statement previously shared with NPR, said: "As long-settled law makes clear, the First Amendment does not shield broadcasters that knowingly or recklessly spread lies."
What's at stake for Fox?
Dominion is suing Fox for $1.6 billion. That figure isn't a huge dent in Fox's wallet; it's less than half of the revenue the company took in during the last three months of 2022. Still, there's a lot on the line for the network and, according to Fox, the entire U.S. media industry.
Fox and some media attorneys warn that this case could have long-term ramifications for all U.S. media outlets.
Thanks to a 1964 Supreme Court ruling, there is a high bar to meet to prove defamation in the U.S. legal system. The burden of proof falls on the plaintiff. Dominion attorneys must prove that Fox leaders knew, or should have known, that the statements hosts and guests made against Dominion were false or acted in reckless disregard for the truth.
That high standard is known as "actual malice." It's meant to protect media outlets from being punished for reporting critically on powerful figures, including corporations and the government.
A favorable ruling for Dominion "would have grave consequences for the entire journalism profession," according to a Fox spokesperson in a statement.
But media law experts say that this is a unique case because of the mounds of evidence in support of Dominion's argument.
What do we know so far?
In a pre-trial ruling this month, Delaware Superior Court Judge Eric Davis asserted there is no question that the contested statements Fox aired about Dominion were false.
Thousands of text messages and email exchanges revealed in legal documents show that Fox personalities and executives knew the claims their hosts and guests blasted on air were false.
Two of those guests were Rudy Giuliani, Trump's personal lawyer at the time, and Sidney Powell, a Trump ally and attorney. (Dominion has separately sued both Giuliani and Powell but there have been no rulings in either of those cases.)
Both appeared dozens of times across Fox programming in the weeks following the election and peddled baseless conspiratorial claims, including that Dominion had financial ties to California Democrats and that the company was created to rig elections in favor of the late-Venezuelan dictator Hugo Chavez.
"The whole thing seems insane to me, and Sidney Powell won't release the evidence. Which I hate," Carlson texted fellow hosts Hannity and Laura Ingraham a couple weeks after the election.
"Sidney Powell is a bit nuts. Sorry but she is," Ingraham replied.
The filings also show that Fox executives, including the elder Murdoch and Fox News CEO Suzanne Scott, did nothing to intervene.
Asked by a Dominion attorney under oath whether or not he could have directed Scott to stop hosting Powell and Giuliani on Fox, Murdoch answered that he could have.
"But I didn't," he said.
What are key moments to look for in the trial?
While the judge has ruled that election-fraud claims Fox broadcast in November and December 2020 were false, Dominion attorneys must still surmount the high bar of actual malice — that Fox decision makers either knew or should have known that those claims were false, or acted with reckless disregard for the truth.
The six week trial promises a star-studded witness list, including:
- Rupert Murdoch, controlling owner of Fox News and parent company Fox Corp.
- Suzanne Scott, Fox News CEO
- Fox stars Tucker Carlson, Sean Hannity, Maria Bartiromo, Jeanine Pirro and former star Lou Dobbs (Dobbs lost his hosting job in February 2021.)
Fox chief political anchor Bret Baier is also on the witness list. He is among a cohort of Fox stars named as likely to testify in the case.
Why haven't Dominion and Fox settled this case before now?
Fox attorneys made a push to settle the case with Dominion late last year, but no dice.
Dominion has held to its original $1.6 billion ask, saying the defamatory statements Fox aired about its voting machines made the company lose important contracts and its employees the subjects of harassment and threats.
It is also asking for a full apology from Fox and an acknowledgement from the network that the statements it aired were false, concessions equal to the lies it spread, which could reach across multiple platforms and take days.
Fox has argued in legal filings that the $1.6 billion Dominion is seeking "has no connection to Dominion's financial value as a company."
Plus, it remains nebulous who exactly at Fox News and at Fox Corp. would be responsible for allowing defamatory statements on air — if Dominion successfully proves those statements surpass the high bar of actual malice in court. Fox is sure to hammer on both points during a trial.
David Folkenflik contributed to this story.
veryGood! (3138)
Related
- 2 killed, 3 injured in shooting at makeshift club in Houston
- Taylor Swift and Travis Kelce Spotted Together for First Time After Kansas City Chiefs Game
- King Charles III and Queen Camilla to welcome South Korea’s president for a state visit in November
- Who cares if Taylor Swift is dating NFL star Travis Kelce? After Sunday's game, everyone.
- US appeals court rejects Nasdaq’s diversity rules for company boards
- Leaf-peeping influencers are clogging a Vermont backroad. The town is closing it
- A deputy police chief in Thailand cries foul after his home is raided for a gambling investigation
- Biden tells Pacific islands leaders he hears their warnings about climate change and will act
- Are Instagram, Facebook and WhatsApp down? Meta says most issues resolved after outages
- Florida's coastal homes may lose value as climate-fueled storms intensify insurance risk
Ranking
- Federal Spending Freeze Could Have Widespread Impact on Environment, Emergency Management
- How a DNA test inspired actress-activist Kerry Washington's journey of self-discovery
- Deal to end writers' strike means some shows could return to air within days
- McDaniels says he has confidence in offense, despite opting for FG late in game
- Scoot flight from Singapore to Wuhan turns back after 'technical issue' detected
- 'Murder in Apt. 12': About Dateline's new podcast unpacking the killing of Arkansas beauty queen
- YouTube CEO Neal Mohan says tough content decisions can be tradeoff between two bad choices but safety is company's North Star
- Arrest warrant issued for Chargers CB J.C. Jackson
Recommendation
Gen. Mark Milley's security detail and security clearance revoked, Pentagon says
Milan fashion celebrated diversity and inclusion with refrain: Make more space for color, curves
Oregon’s top court asked to decide if GOP senators who boycotted Legislature can be reelected
Kari Lake’s trial to review signed ballot envelopes from Arizona election wraps
How to watch new prequel series 'Dexter: Original Sin': Premiere date, cast, streaming
Amazon opening 2 operations facilities in Virginia Beach, creating over 1,000 jobs, Youngkin says
In new effort to reset flu shot expectations, CDC to avoid messages that could be seen as a scare tactic
Costco partners with Sesame to offer members $29 virtual health visits