Fox News v Dominion defamation showdown heads to court

1 year ago 27
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Reporters and members of the public line up early to enter the Leonard Williams Justice Center where Dominion Voting Systems is suing FOX News in Delaware Superior CourtImage source, Getty Images

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People line up to gain access to the court

By Bernd Debusmann Jr

BBC News, Wilmington

A hotly anticipated, $1.6bn (£1.29bn) defamation trial pitting a US voting technology firm against Fox News is set to begin on Tuesday afternoon.

Dominion Voting Systems claims that Fox News knowingly amplified lies about its voting machines during the 2020 presidential election.

Fox denies the charges and argues its reporting was legitimate journalism.

Among those expected to testify during the six week trial are Fox chairman Rupert Murdoch and host Tucker Carlson.

The trial starts after a 24-hour delay ordered by Delaware Superior Court Judge Eric Davis, reportedly to give both sides a last-ditch opportunity on Monday to come to a settlement agreement.

Opening arguments are expected to begin after jury selection and once the judge deals with various objections from attorneys to exhibits planned for the statements.

Fox News and Dominion appear ready for a prolonged legal battle.

"In the coming weeks, we will prove Fox spread lies causing enormous damage to Dominion," a company spokesperson said in a statement.

"We look forward to trial."

Fox, for its part, sent a statement to the BBC late on Monday in which it described Dominion's lawsuit as "a political crusade in search of a financial windfall".

The "real cost" of the case, the Fox statement added, would be the "cherished" rights to freedom of speech and of the press that form the First Amendment of the US constitution.

"Fox News remains steadfast in protecting the rights of a free press, given a verdict for Dominion and its private equity owners would have grave consequences for the entire journalism profession," the statement added.

Ahead of the trial, attorneys for Fox repeatedly objected to the $1.6bn in damages that Dominion was seeking, and characterised the figure as massively inflated.

Dominion's lawsuit argues that the conservative network sullied the electronic-voting company's reputation by airing falsehoods about the 2020 vote being stolen from Donald Trump.

Ahead of the trial, Judge Davis ruled that the baseless claims against Dominion had already been proven false.

Jurors will only have to determine whether Fox News demonstrated "actual malice" through its coverage of Dominion, whose voting machines were used in 28 US states during the election.

Hundreds of spectators and journalists were on hand for the beginning of the trial, with about 200 present in the courtroom. Several dozen journalists were also watching from a neighbouring overflow room.

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Watch: The Fox News defamation lawsuit explained in 60 seconds

Outside the courthouse, a small handful of protesters was also present. One man held a sign accusing Fox of colluding with the US Republican party to spread "fascist propaganda".

"For too long, we've been in this awful post-truth era where you can just make up your own version of reality, which is what Fox does every night," Bill, a 38-year-old scientist, told the BBC.

"That's got to stop, and I hope that this court agrees with us," he added.

The trial is expected to last six weeks, with Judge Davis vowing to keep to a strict timetable.

(With additional reporting from Nathalie Jimenez)

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