What to Know About the Fox-Dominion Defamation Trial

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What to Know About the Fox-Dominion Defamation Trial
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Dominion Voting Systems, an election technology company that became the subject of numerous conspiracy theories after the 2020 election, is suing Fox News for defamation

—who is not involved in this case—and his allies said Dominion contributed to election fraud. Fox News talent, including Lou Dobbs and Maria Bartiromo, amplified the claims, which Dominion argues Fox knew were false at the time, amounting to defamation. Fox says that its broadcasts were protected by the First Amendment, that Trump allies’ claims of voter fraud were inherently newsworthy, and that the company’s on-air personalities were not knowingly making false statements.

These include false claims espoused by Fox employees and Trump-aligned guests that Dominion rigged the 2020 election against Trump and on behalf of President Joe Biden by manipulating vote counts. Amid unproven claims of voter fraud on various platforms, some state elections officials raised concerns about working with Dominion, with one county in Northern California terminating its contract with the company.

“It isn’t enough for Dominion to be able to show that there was widespread understanding within the broader Fox universe that the election wasn’t stolen,” says University of Utah law professor RonNell Andersen Jones, a First Amendment scholar. “Dominion has a much more specific task. Dominion has to show that people who were responsible for the creation of the specific lies about Dominion knew that those specific statements weren’t true.

The two parties have agreed that several on-air stars—Carlson, Bartiromo, Baier, Sean Hannity, and Jeanine Pirro—as well as former host Lou Dobbs and Fox News CEO Suzanne Scott will testify.

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