A judge rules that Dominion Voting Systems can proceed with its $1.6 billion lawsuit against Fox

[LetMyPeopleVote]

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[Just_Vote_Dem]

1. YAY! Thanks for posting this n/t

[LetMyPeopleVote]

2. Judge Declines to Dismiss Dominion Defamation Suit Against Fox News

This makes me smile

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A judge in Delaware ruled Thursday that a defamation suit brought by Dominion Voting Systems against Fox News could proceed despite the defendant’s strenuous objections. The voting machine manufacturer is alleging that the cable news giant “recklessly disregarded the truth” when it "gave life to a manufactured storyline about election fraud that cast a then-little-known voting machine company called Dominion as the villain." The company is seeking $1.6 billion in damages.

The judge wrote, “If the plaintiff offers ‘some direct evidence’ that the statement ‘was probably false,’ the Court can infer that the defendant ‘inten[ded] to avoid the truth.’”

Fox News said in a statement, “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.”

[Bev54]

3. Here is a link to the story

https://lawandcrime.com/2020-election/the-court-can-infer-that-fox-intended-to-avoid-the-truth-judge-refuses-to-dismiss-dominion-lawsuit-against-fox-news-over-2020-election-coverage/

snip `

Fox continued to promote known lies on its broadcasts, websites, social media accounts and subscription service platforms. Mr. [Lou] Dobbs, Ms. [Maria] Bartiromo, and Mr. [Sean] Hannity also continued to give Ms. [Sidney] Powell and Mr. [Rudy] Giuliani a platform to disseminate lies about Dominion by hosting them on their shows. Mr. Dobbs, Ms. Bartiromo and Mr. Hannity likewise endorsed and repeated those lies.

`snip`

The Court has reviewed the Complaint and its exhibits. The Complaint is detailed and specific and addresses each element of the claim. The Complaint provides ample notice as to the basis of Dominion’s claims against Fox. For the reasons discussed below, the Court finds that none of Fox’s arguments mandate dismissal under Civil Rule 12(b). Accordingly, the Court is denying the Motion.

`snip`

The neutral reportage defense would not warrant dismissal here even if the defense were available. To assert and benefit from this defense, a defendant must show that the defendant accurately and dispassionately reported the newsworthy event.

[ . . .]

Dominion’s well-pleaded allegations, however, support the reasonable inference that Fox’s reporting was not accurate or dispassionate.

[bottrott]

4. Fox's own moron brigade's txts from 1/6

show a pattern of willful deception by their organization. How long until those same phones reveal the reports they refer to in their "we were just reporting other reports" excuses originated within Fox's own bowels?

[malaise]

6. This

Welcome to DU

[LetMyPeopleVote]

5. Fox Propaganda Network just lost its bid to dismiss Dominion's $1.8 billion defamation lawsuit

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[LetMyPeopleVote]

7. Fox's worst week? Dominion ruling adds to drumbeat of bad news for the network

I am amused by Fox News having a bad week

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On Sunday the Fox News Channel's news facade was chipped away when Chris Wallace decamped to CNN. On Monday the hypocrisy of Fox's biggest stars was highlighted by a bipartisan House committee. On Tuesday the network belatedly and weakly defended itself. And the week wasn't even half over yet.

On Wednesday Fox's social media team was forced to delete an antisemitic cartoon after advocacy groups shamed the network. And today, Thursday, Fox was set back in court in a big way. As Katelyn Polantz reports here, "a judge in Delaware has found that Fox News' coverage of election fraud after the 2020 election may have been inaccurate, and is allowing a major defamation case against the right-wing TV network to move forward."

"The ruling will now allow Dominion to attempt to unearth extensive communications within Fox News as they gather evidence for the case, and the company may be able to interview the network's top names under oath," Polantz explains.

For that reason, some media writers are speculating that the network will now try to settle, lest it be subjected to the embarrassment of the discovery process. "Fox loses the key motion; cases often settle at this point," Ben Smith tweeted, "and a settlement here would likely be a big number. It's a very strong case."