Fox News v. Dominion is heading to trial

Jury selection and opening statements in the defamation case between Dominion Voting Systems and Fox News are scheduled to start later this morning.

They were scheduled to begin on Monday, but then late on Sunday the judge overseeing the case postponed the proceedings for 24 hours without giving a reason. Multiple sources reported it was to give more time for a last-minute settlement.

🤔 What’s going on?... Dominion sued Fox News for defamation in 2021, alleging the news org knowingly promoted false claims about its voting machines, including that they were connected to a plot to fraudulently steal the 2020 presidential election.

• The Delaware judge has already ruled Fox is unable to contest that statements it aired about Dominion were false and harmful to the company.
• Instead, the trial will focus on whether Fox aired those falsehoods with “actual malice” – which means Fox either knowingly made false statements, or showed a reckless disregard for the truth by failing to perform simple fact-check inquiries.

🗣️ The arguments: Fox News says it should be protected under the First Amendment, since it was simply commenting on claims of election fraud made by former President Trump and his associates that were newsworthy.

Dominion is arguing Fox illegally violated journalistic norms by broadcasting segments dedicated to election fraud claims they knew – or should have known – were false.

📑 Is there any evidence?... The release of Fox internal communications as part of the litigation process revealed company execs and network hosts were privately skeptical of the election fraud claims they were covering on-air.

• Tucker Carlson texted one of his producers in mid-November saying "there wasn't enough fraud to change the outcome."
• A separate text from Carlson to fellow Fox host Laura Ingraham read “Sidney Powell is lying by the way. I caught her. It’s insane.”
• Co-host Dana Perino privately called allegations of voter fraud against Dominion "total bs," "insane," and "nonsense," while chief political anchor Brett Baier said “There is NO evidence of fraud. None.”

📸 Big picture: Dominion had been seeking $1.6 billion in total damages, but per a legal filing published Sunday it appears the company recently softened its claims to exclude $600 million worth of alleged lost profits.

Fox News reported a net income of $1.0 billion in 2020, $2.2 billion in 2021, and $1.2 billion last year.