There’s no question Fox News aired false claims about Dominion Voting Systems’ supposed role in nonexistent widespread voter fraud in the 2020 election. But that doesn’t answer the $1.6 billion question in the historic defamation trial starting Monday in Delaware state court. Key to answering that question will be whether the voting machine company can prove what’s called “actual malice.” How the jury answers that question could be costly for the network, both financially and reputationally.
When you hear “malice,” you might think of evil intent. But “actual malice” is a legal term that has a more specific meaning. Under that standard, stemming from a 1964 Supreme Court case, Dominion must show that the false claims were aired with knowledge of their falsity or with reckless disregard for the truth. It’s a notoriously difficult standard for plaintiffs to meet — as a general matter. But it’s an understatement to call this an unusual case, including for the sheer volume of powerful evidence that Dominion has amassed — featuring a treasure trove of internal Fox communications — as well as the network’s apparent appetite to fight the case, nonetheless. The most surprising thing about the dispute so far may be that it’s going to trial at all.
It’s an understatement to call this an unusual case, including for the sheer volume of powerful evidence that Dominion has amassed.
In fact, that unusually strong evidence has put Dominion in an unusually strong legal position ahead of trial. When I wrote above that there’s no question Fox News aired false claims, that’s not my opinion. That’s according to a pretrial ruling from Judge Eric Davis, who’s overseeing this civil case. In his March 31 summary judgment ruling — where both sides argued why they should win without needing a trial — Davis wrote that it’s “CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true.” (To be clear, the…
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