Fox News motion for dismissal of Dominion Voting Systems defamation suit rejected in Delaware – MarketWatch

WASHINGTON (AP) A judge Thursday rejected a motion by Fox News to dismiss a $1.6 billion defamation lawsuit brought against the cable news giant by Dominion Voting Systems over claims about the 2020 presidential election.

In the 52-page ruling Delaware Superior Court Judge Eric Davis said that the voting-machine company had shown that [a]t this stage, it is reasonably conceivable that Dominion has a claim for defamation per se.

Denver-based Dominion filed a lawsuit earlier this year against the media organization alleging that some Fox News employees elevated false charges that Dominion had changed votes in the 2020 election through algorithms in its voting machines that had been created in Venezuela to rig elections for the late dictator Hugo Chavez. On-air personalities brought on Trump allies who spread the claims, and then amplified those claims on Fox News social-media platforms.

There was no evidence of widespread fraud in the 2020 election, a fact that a range of election officials across the country and even Trumps attorney general, William Barr confirmed. An Associated Press review of every potential case of voter fraud in the six battleground states disputed by former President Donald Trump has found fewer than 475 a number that would have made no difference in the 2020 presidential election.

Key Words (March 2021): Trump defender Sidney Powell justifies her election-theft claims by conceding reasonable people dont believe them

Plus (March 2021): Fox News sued for $1.6 billion by Dominion Voting Systems over election claims

Also see (August 2021): Dominion Voting Systems sues Trump allies over election-fraud claims

In denying the motion to dismiss the lawsuit Davis said that Dominions complaint supports the reasonable inference that Fox either (i) knew its statements about Dominions role in election fraud were false or (ii) had a high degree of awareness that the statements were false.

Davis said that Fox possessed countervailing evidence of election fraud from the Department of Justice, election experts, and Dominion at the time it had been making its statements. The fact that, despite this evidence, Fox continued to publish its allegations against Dominion, suggests Fox knew the allegations were probably false.

The judge also wrote that despite emails from Dominion attempting to factually address Foxs fraud allegations, Fox and its news personnel continued to report Dominions purported connection to the election fraud claims without also reporting on Dominions emails.

Given that Fox apparently refused to report contrary evidence the Complaints allegations support the reasonable inference that Fox intended to keep Dominions side of the story out of the narrative.

Fox News Media said in a statement: As we have maintained, Fox News, along with every single news organization across the country, vigorously covered the breaking news surrounding the unprecedented 2020 election, providing full context of every story with in-depth reporting and clear-cut analysis. We remain committed to defending against this baseless lawsuit and its all-out assault on the First Amendment.

From the archives (December 2020): Fox News, Newsmax air statements debunking voter-fraud claims pushed on air

Fox News had sought to have the lawsuit dismissed arguing that its coverage is protected by the First Amendment and that a free press must be able to report both sides of a story involving claims that strike at the core of democracy.

Fox News parent Fox Corp. FOX, -0.29% FOXA, -0.14% and News Corp NWS, -0.51% NWSA, -0.37%, which owns MarketWatch publisher Dow Jones, share common corporate control.

Class A shares of Fox Corp. are up nearly 27% to date in 2021 and have gained more than 31% over the past 52 weeks.

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Fox News motion for dismissal of Dominion Voting Systems defamation suit rejected in Delaware - MarketWatch