A Delaware judge on Friday allowed Dominion Voting Systems $1.6 billion defamation lawsuit against Fox News to head to trial set to begin next month.
Dominion and Fox had asked Delaware Superior Court Judge Eric Davis for a pretrial ruling in their favor. But, Davis decided that the case should go to trial.
“The evidence developed in this civil proceeding demonstrates that is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true,” Davis wrote in his ruling.
Though Davis did not hand Dominion a win, he disagreed with Fox News’ claim that comments they aired were “pure opinion,” and therefore protected under the First Amendment.
“The Court finds, as a matter of law, that the Statements are either fact or mixed opinion,” he wrote. “The Statements were capable of being proven true, and in fact the evidence that would prove the Statements was discussed many times (but never presented).”
Davis also disagreed that Fox News was conducting neutral reporting.
“Even if the neutral report privilege did apply, the evidence does not support that FNN conducted good-faith, disinterested reporting,” he wrote. “FNN’s failure to reveal extensive contradicting evidence from the public sphere and Dominion itself indicates its reporting was not disinterested.”
“We are gratified by the Court’s thorough ruling soundly rejecting all of Fox’s arguments and defenses, and finding as a matter of law that their statements about Dominion are false,” Dominion said in a statement. “We look forward to going to trial.”
“This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news. FOX will continue to fiercely advocate for the rights of free speech and a free press as we move into the next phase of these proceedings,” a Fox News spokesperson said in a statement.
Dominion is suing Fox News for $1.6 billion for allegedly defaming the company in the aftermath of the 2020 election by knowingly broadcasting lies about the company’s machines rigging the election in favor of Joe Biden.
To win their case, Dominion must prove that the network aired the claims with actual malice, in other words, prove that what was said was not just false, but that it was known or suspected to be false.
The trial is scheduled to begin April 17.
