By Randall Chase

A voting machine company’s defamation case against Fox News over its airing of false allegations about the 2020 presidential election will go to trial after a Delaware judge on Friday allowed a jury to decide whether the conservative network aired the claims with actual malice, the standard for proving libel.

Superior Court Judge Eric Davis ruled that neither Fox nor Dominion Voting Systems had presented a convincing argument to prevail on whether Fox acted with malice without the case going to a jury. But he also ruled that the statements Dominion had challenged constitute defamation “per se” under New York law. That means Dominion did not have to prove damages to establish liability by Fox.

“The evidence developed in this civil proceeding demonstrates that (it) is CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true,” Davis wrote in his summary judgment ruling.

The decision paves the way for a trial start in mid-April.

Dominion is suing the network for $1.6 billion, claiming Fox defamed it by repeatedly airing false claims about the company’s machines and its accompanying software. Court records and testimony revealed that many Fox hosts and executives didn’t believe the claims but continued to air them.

Fox has said it was simply covering very newsworthy allegations. The coverage fed an ecosystem of misinformation surrounding former President Donald Trump’s loss in 2020 that has persisted ever since.

Share:
More In Politics
Musk slams Trump’s big tax bill as senators race to meet deadline
President Donald Trump wants his “big, beautiful” bill of tax breaks and spending cuts on his desk to be singed into law by Independence Day. And he’s pushing the slow-rolling Senate to make it happen sooner rather than later. Trump met with Senate Majority Leader John Thune at the White House early this week and has been dialing senators for one-on-one chats, using both the carrot and stick to encourage them to act. But it’s still a long road ahead for the bill. Senators want to make changes to protect Medicaid and to make sure some tax breaks become permanent. Elon Musk called the whole bill a "disgusting abomination.”
Load More