Revealing Fox News TextsFebruary 23, 2023 – Media Mention
Douglas Mirell, litigation partner at Greenberg Glusker, discusses Dominion Voting Systems' summary judgment motion against Fox News Network and its parent company, Fox Corporation, in its $1.6 billion defamation lawsuit.
In its lawsuit against Fox, Dominion Voting Systems is essentially claiming that Fox knowingly published a series of statements by not only others, but also by its own presenters and show hosts, falsely claiming that somehow Dominion's voting machines were responsible for flipping votes or changing the outcome of the 2020 presidential election.
Dominion has acknowledged in this case that it is a public figure. That has a significant impact upon what has to be proven in order for Dominion to prevail in the defamation case. Specifically, because it is a public figure, it has to show that the statements aired by Fox were knowingly false or were broadcast with reckless disregard for their truth or falsity. The evidence that Dominion has presented so far would seem to suggest that this is one of those rare situations where that exacting test can be met. This case may well be decided without the need for a trial. Or, if it goes to trial, I think the evidence is very strong that this demanding standard will be met.