Federal Judge Rules Against Fox News and Lou Dobbs in Defamation Case
A federal judge has ruled that a defamation lawsuit against Fox News and Lou Dobbs filed by Venezuelan businessman Majed Khalil over claims of electoral rigging in the 2020 presidential election can proceed. The judge rejected the network’s efforts to dismiss the case, citing the plaintiff’s claims that Fox News failed to approach him for confirmation or denial of the election fraud claims. The case will now proceed to a jury trial. Khalil’s lawsuit seeks $250 million in damages.
Khalil’s suit cites a tweet by Dobbs in December 2020 which declared the election to be a “Cyber Pearl Harbor”. Dobbs also interviewed attorney Sidney Powell the same day, alleging that Khalil played a significant role in designing the Smartmatic and Dominion programs and machines that allowed people to manipulate votes as it happened. Dobbs was named as a defendant in the lawsuit and was dropped from the Fox Business lineup in early February 2021.
The judge also dismissed Fox News’ arguments claiming that they were protected by reporting privilege on a matter of public interest and that Dobbs was merely expressing his opinion. The judge found that Dobbs and Powell never attributed their claims against Khalil to any official proceedings or judicial investigation. He further argued that Fox News was not protected by the neutral report doctrine as the claims against Khalil were not made by a responsible and prominent organization, but Powell, who was not a responsible source.
In the ruling, the judge also stated that Khalil’s complaint “adequately alleges that the defendants purposefully avoided the truth, given the amount of public information regarding the lack of fraud in the election”. Although Khalil’s lawsuit does not say that he informed Fox News of the falsity of the claims against him, the judge noted that both Smartmatic and Dominion had done so and that the falsity of the claims against both companies would involve falsity against Khalil.
The judge acknowledged that New York’s anti-SLAPP law applies to the case even though Khalil is not a public figure, as it is related to a matter of public interest, i.e. the 2020 presidential election. Khalil must, therefore, prove actual malice on the part of Fox News. The case is separate from similar claims filed by election systems companies Dominion and Smartmatic against Fox News and other defendants for amplifying claims that they were involved in electoral rigging.
Fox News has not commented on the ruling.
In conclusion, the ruling is equal for all, no matter how prominent or popular. It shows that everyone is liable under the law and that truth is vital to reporting, especially when public interest is at stake.
Original Story at deadline.com – 2022-09-27 07:00:00