Judge in Dominion defamation case skeptical of Fox’s arguments, as both sides seek a pretrial win

Title: Dominion Voting Systems Argues for Summary Judgment in Defamation Case Against Fox News

Introduction:
In a high-stakes defamation case, lawyers for Dominion Voting Systems presented their arguments for summary judgment against Fox News. The hearing, which took place in the Delaware Superior Court, saw intense questioning by Judge Eric Davis. The outcome of this case could have far-reaching implications for both Dominion and Fox News.

Dominion Alleges Explicit Instructions from Fox News Executives:
Lawyers for Dominion Voting Systems wasted no time in asserting that Fox Corporation chairman Rupert Murdoch and CEO Lachlan Murdoch provided implicit instructions to Fox News staff to promote baseless conspiracy theories about the 2020 election. Dominion lawyer Justin Nelson argued that the Murdochs allowed the dissemination of false information about Dominion, leading to reputational damage for the company.

Fox News Seeks to Avoid Live Testimony:
Ahead of the hearing, Fox News revealed that Dominion was seeking a court order to compel the Murdochs and other top Fox Corporation officials to testify at the trial. Fox lawyers countered, claiming that the Murdochs had limited knowledge and that Dominion should rely on the lengthy depositions already given. They emphasized that the trial should focus on legal arguments rather than becoming a media spectacle.

The Significance of the Defamation Case:
Considered one of the most consequential defamation cases in recent memory, Dominion’s lawsuit accuses Fox News of pushing pro-Trump conspiracy theories about the election technology company to boost its ratings. Fox News, on the other hand, strongly denies these allegations and stands by its coverage of the 2020 election.

Explosive Emails and Texts Unearthed:
The hearing took place amidst the release of hundreds of internal emails and texts exchanged within Fox News. These messages revealed that many employees, including on-air personalities and executives, dismissed the allegations against Dominion as baseless and unfounded. However, the network still provided airtime for these theories.

Judge Davis Challenges Fox News’ Legal Arguments:
Judge Davis posed tough questions to Fox News’ legal representation. He expressed skepticism about the network’s argument that former host Lou Dobbs engaged in legally protected “neutral” reporting when he frequently used the MAGA hashtag. Davis also questioned whether Maria Bartiromo misled her audience by suggesting she had no knowledge of the falsity of the Dominion claims.

Fox News Defends Itself on First Amendment Grounds:
Fox News attorney Erin Murphy argued that the claims about Dominion were being made by public figures, including the former President and his legal team. She maintained that Fox News was neutrally reporting these claims without verifying their truthfulness. Murphy emphasized that Fox News is proud of its 2020 election coverage and believes the lawsuit could undermine the First Amendment.

Conclusion:
The outcome of this defamation case could have far-reaching implications for both Dominion Voting Systems and Fox News. Dominion seeks to hold Fox News accountable for promoting baseless conspiracy theories, while Fox News defends itself on First Amendment grounds. Judge Davis’s ruling will determine whether the case proceeds to a scheduled jury trial next month or if summary judgment is granted to either party.

Original Story at www.cnn.com – 2023-03-21 07:00:00

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