The $1.6 billion defamation lawsuit by Dominion Voting Systems against Fox Corp (FOXA.O) and Fox News will proceed with jury selection resuming on Tuesday, a day later than previously scheduled, according to Delaware Superior Court Judge Eric Davis. The trial is based on false claims aired by Fox that Dominion's machines were used to rig the 2020 U.S. presidential election in favor of Democrat Joe Biden over Republican-then President Donald Trump. The reason for the delay was not provided, but sources familiar with the matter have said that Fox was pursuing settlement talks. Once jury selection is completed on Tuesday, opening statements to the 12-member panel will then be scheduled to take place.
Dominion Voting Systems' $1.6 billion defamation lawsuit against Fox Corp and Fox News has garnered significant attention, as it involves a prominent conservative cable news network. The main issue for the jury is whether Fox knowingly spread false information or acted with "actual malice," the legal standard for defamation. The trial is also being closely watched as a potential test of whether Fox's coverage prioritized ratings over ethical journalism. Testimony is expected from high-profile figures, including Rupert Murdoch, Tucker Carlson, Sean Hannity, and Jeanine Pirro.
On Monday, a spokesperson for Dominion challenged the assertion that the company had lowered its damages claim against Fox. Dominion maintains that Fox's actions were harmful to American democracy and that the network should be held accountable. Meanwhile, Fox claims that Dominion's lawsuit is a threat to press freedom.
Last Wednesday, Judge Davis sanctioned Fox News, giving Dominion an opportunity to collect additional evidence after Fox failed to produce records until the eve of the trial. Evidence to be presented in court includes recordings of Rudy Giuliani, former President Trump's lawyer, admitting he had no evidence to support claims of election rigging by Dominion. These recordings were made by Abby Grossberg, a former Fox producer, in her separate lawsuit against the network.
Davis expressed concern about Fox's late disclosure of evidence and is likely to appoint an outside investigator to probe the situation. Dominion has claimed that defamatory statements were aired on Fox shows, including "Sunday Morning Futures," "Lou Dobbs Tonight," and "Justice with Judge Jeanine." Dominion alleges that Fox staff, from members of the newsroom to the board of directors, knew the statements were false but aired them anyway to avoid losing viewers to far-right outlets.
Fox argues that the coverage of vote-rigging claims was newsworthy and protected by the First Amendment's guarantee of press freedom. However, Judge Davis rejected this argument last month. Fox also claims that Dominion cannot prove "actual malice" against individuals responsible for defamatory statements. The network asserts that doubts about the claims among certain individuals cannot be attributed to the organization as a whole.
