The ongoing legal battle between Dominion Voting Systems and Fox News is heating up as both sides presented their arguments before a judge in Delaware on Tuesday. While Dominion Voting Systems argued that Fox News played a significant role in making Sidney Powell a “household name” and allowed their hosts to “run wild,” Fox News argued that their reporting was merely about allegations and theories. Both sides have asked for a summary judgment in their favor, but it is unlikely to be granted.
This legal battle is considered a prelude to the larger $1.6 billion First Amendment prize fight between the two corporations. Dominion Voting Systems is seeking damages from Fox News for defamatory statements about their voting machines made by their hosts and guests immediately after the 2020 election. The case hinges on proving “actual malice,” which requires showing proof that the defendant intended harm.
During the pre-trial hearing, both sides presented troves of sworn deposition testimony, text messages, emails, and other discovery-phase records, which were picked over by the media. The judge was not expected to rule on the motions for summary judgment during the pre-trial hearing spanning Tuesday and Wednesday, but he could rule on whether certain redacted materials from the evidentiary depositions should be revealed.
Dominion is charging Fox News with 20 on-air instances of defamation and has been pushing hard to prove actual malice. However, Fox News maintains that they were merely doing the news and that their framing of even the wildest election conspiracy theories as allegations and speculation protects them.
The pre-trial hearing is expected to resume Wednesday, and minor pretrial matters are expected to be resolved before the trial’s April 17 start date. While $1.6 billion is a significant amount, it is not a potential death-blow for Rupert Murdoch’s media empire. Therefore, it remains to be seen how this case will pan out, the legal system appears to be impartial, and the case is still under review.
