Fox News on Trial – The New York Times

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Starting tomorrow, Fox News is scheduled to go on trial. Dominion Voting Systems, which makes the voting machines, is suing the cable news network for $1.6 billion. Dominion claims that Fox is spreading a false conspiracy theory that the machine has been rigged against Donald Trump in the 2020 election.

The trial began today, but the judge overseeing the case announced a one-night adjournment. Fox may seek to settle the case before a trial can begin, The Wall Street Journal reported.

We have seen some evidence for the Dominion side. Texts and emails discovered through the lawsuit show that some Fox executives, hosts and producers privately doubted the claims against Dominion, which Trump promoted but even exaggerated on air.

Even with this evidence, Dominion may not easily win the case because of legal protections for media companies. These protections were established by the 1964 Supreme Court decision, New York Times v. Sullivan, based on First Amendment protections for freedom of speech and the press. The ruling requires that defamation lawsuits by public figures against media companies prove “actual wrongdoing,” meaning that journalists must know that the allegations are false, but also spread or act recklessly enough to ignore the facts.

“That’s a very high bar to prove,” said my friend Katie Robertson, who covered the lawsuit.

The case will test whether Fox’s brand of journalism — which includes a long record of spreading falsehoods (such as about where Barack Obama was born) — is legitimately vulnerable. Today’s newsletter will look at both sides of the case and its wider implications.

There is no doubt that Trump’s accusations against Dominion are false. The judge overseeing the case, Eric Davis of the Delaware Superior Court, has ruled that Dominion does not have to prove that its claims are false during a trial. Their job will be to prove the actual crime, as well as prove the financial damage caused by the coverage.

To do this, Dominion will show numerous texts, emails and other documents showing that Fox News leaders and hosts doubted the claims against Dominion, but kept them on the air.

Referring to claims that Dominion’s software rigged the election, Tucker Carlson texted his producer, Alex Pfeiffer, that idea is “absurd.” He also sent a message that Sidney Powell, one of Trump’s lawyers, was “lying”. But Carlson later argued about the show, “This is a real issue, no matter who raises it or who tries to dismiss it out of hand as a conspiracy theory.”

Why did Carlson do this? It seems the answer has to do with their audience. Carlson initially cast doubt on Powell’s claims on air, saying, “He never showed that a single actual vote was illegally moved by software from one candidate to another candidate. Not one.” The audience revolted, criticizing him for questioning Trump’s allies. Carlson then walked back public skepticism on the air.

It’s a recurring theme in texts and emails. The Fox boss and host expressed doubts about the conspiracy theory in private, but also expressed concern about “respecting the audience.” To avoid losing viewers to competitors like Newsmax, Fox hosts and producers appear to be choosing to broadcast and support the claims of Trump and his allies.

Fox News previously argued that even if it knew the claims against Dominion were false, it should cover them anyway because they were newsworthy. But Judge Davis has ruled that Fox will not be able to make that argument in court. “Just because someone is good,” he said, referring to Trump and his lawyers, “doesn’t mean you can hurt someone.”

Without that argument, Fox focused on others. The network said Dominion still has to prove that Fox hosts — who ultimately decide what to air — knew the claims were false and aired them. And Fox insisted that at least some of the hosts believed the allegations and therefore did not intend to harm anyone.

Typically, Fox relied on Dominion’s failure to clear the high legal standard established by New York Times v. Sullivan. Dominion, not Fox, has the burden of proof.

Legal experts say Dominion’s case is stronger than the defamation lawsuit but the company still can’t win. “Proving this in a legal sense is more complicated than proving it in the court of public opinion,” said colleague Jim Rutenberg, who wrote a Times Magazine article about the case.

Fox News says that if it loses, the case will irreparably damage press freedom, opening up all news outlets to lawsuits. “Free and robust American discourse depends on First Amendment protections for press meetings and reporting,” a network spokeswoman said in a statement.

Some legal experts argue otherwise, saying Fox’s loss could increase protections for the press. Fox’s actions to cover the 2020 election are so difficult, the argument goes, that the legal standard that protects them will not be the standard: For First Amendment protections to endure, news organizations must be held accountable for spreading false and damaging information. .

Sign up for our newsletter recapping the latest Fox-Dominion trial update.

For more: Dominion has a strong influence on the US election industry. Read more about the company.

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