Dominion Voting Systems Defamation Lawsuit Against Fox News
Dominion Voting Systems, a leading provider of voting equipment and software, filed a defamation lawsuit against Fox News, a prominent American news outlet, in March 2021. US Dominion, Inc. v. Fox News Network, Inc., Nos. : N21C-03-257 EMD, N21C-11-082 EMD (Del. Super. Ct. Mar. 31, 2023). The lawsuit centered on allegations that Fox News had spread false and misleading information about Dominion’s role in the 2020 U.S. Presidential Election. The case gained significant public attention and has now reached a stunning conclusion.
The Lawsuit
Dominion Voting Systems filed a $1.6 billion defamation lawsuit against Fox News, claiming that the network knowingly broadcast false information that irreparably harmed the company’s reputation and business. [1] Dominion argued that Fox News’ actions were motivated by a desire to boost ratings and cater to its predominantly conservative audience.
Key Allegations
- Fox News gave a platform to guests who spread false claims about Dominion Voting Systems and the 2020 election results. [2]
- The network failed to adequately fact-check and verify the credibility of the claims before broadcasting them. [3]
- As a result of the false allegations, Dominion suffered significant reputational and financial damages.
Fox News’ Defense
Fox News maintained that its coverage of the 2020 Presidential Election was protected under the First Amendment, which guarantees freedom of speech and freedom of the press. [4] The network argued that it was simply reporting on the controversy surrounding the election and providing a platform for a wide range of opinions.
Before the case went to trial, the parties submitted summary judgment motions to the Court to allow the resolution of legal issues where the facts were undisputed, the Court focused on the falsity element of a defamation claim. Specifically, the Court noted that to satisfy this element, Dominion must allege that the statement(s) in question were “substantially false.” The Court compared the complained-of language with the alleged truth to determine whether the truth would have a different effect on the mind of the average reader.
Fox argued that the Court should not consider the statements in question when determining falsity, but should instead focus on whether Fox accurately reported the allegations others were making against Dominion. The Court rejected this argument, noting that New York courts have not adopted this approach to falsity.
Dominion alleged that the statements published by Fox struck at the “basic integrity of its business. The Court held that this made them,
defamatory per se [because t]he Statements claimed that Dominion committed election fraud; manipulated vote counts through its software and algorithms; is founded in Venezuela to rig elections for dictator Hugo Chavez; and paid kickbacks to government officials who used the machines in the Election. . . . The Statements also seem to charge Dominion with the serious crime of election fraud. Accusations of criminal activity, even in the form of opinion, are not constitutionally protected.
- S. Dominion, Inc., supra. The Court determined that the Statements were false and defamatory and that they were not protected by freedom of the press as guaranteed by the U.S. Constitution.
Because the Court found that there was defamation, there were only a few issues left for the jury to decide. One issue was whether or not Fox acted with malice when it published the statements that were deemed to be defamatory. Fox chose to settle before testimony on this issue was given in open court.
Discovery Failures – A Lesson in the Courtroom
During the legal proceedings, Fox News was required to participate in the discovery process, which is a pre-trial phase where both parties exchange relevant documents, evidence, and information. Fox News failed to produce requested documents and proof that could support that their coverage was based on truthful information. [5]
The Court specifically addressed Fox News’ behavior during discovery. The Court found that Fox News had failed to produce relevant documents and provided incomplete or misleading responses to discovery requests. This failure raised suspicions and further damaged the credibility of Fox News’ defense.
Trust Issues With the Court
Fox News’ failure to produce the requested documents during the discovery process eroded the trust between the network’s legal team and the Court. [6] This lack of trust played a significant role in weakening their defense, as the Court may have viewed their actions as a deliberate attempt to withhold or conceal evidence.e This is important for clients to understand–that the courts do not want “trial by surprise.” Relevant documents and facts that will be used, or needed at trial, should be disclosed during the discovery process prior to trial.
The settlement
Ultimately, Fox News chose to settle the lawsuit. According to CNN, the case settled for more than $787 million.[7] Settling the lawsuit became a more viable option for the network, as it allowed them to avoid a potentially lengthy and costly trial that could have resulted in even greater reputational damage.
The resolution of the case underlines the importance of fact-checking, responsible journalism, and the consequences of not providing the proper information to the opposing party during the pre-trial discovery process.
Sources:
[2] Coll, Steve. “The Stunning End of Dominion’s Case Against Fox News.” The New Yorker, 17 Apr. 2023.
[3] Ibid.
[5] Coll, Steve. “The Stunning End of Dominion’s Case Against Fox News.” The New Yorker, 17 Apr. 2023.
[6] Ibid.
[7] “Fox News Settlement Is the First Time Anyone has ‘Paid the Price’ for election lies, Dominion’s lead counsel says,” CNN Business, 18 Apr. 2023.
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(This article is for informational purposes only and should not be relied upon for legal advice. Your case should be reviewed by an attorney to determine the proper legal advice for your situation.)
