The judge overseeing Dominion Voting Systems’ defamation lawsuit against Fox News announced that the parties “have resolved their case” and dismissed the jury just as the trial was to begin.
Attorney Justin Nelson, representing Dominion Voting Systems, walks after a news conference outside New Castle County Courthouse in Wilmington, Del., after the defamation lawsuit by Dominion Voting Systems against Fox News was settled just as the jury trial was set to begin, Tuesday, April 18, 2023.
The settlement, if formally accepted by the judge, will end a case that has proven a major embarrassment for Fox News. If the case had gone to trial, it also would have presented one of the sternest tests to a libel standard that has protected media organizations for more than half a century. During a deposition, Fox Corp. Chairman Rupert Murdoch, who founded the network, testified that he believed the 2020 election was fair and had not been stolen from Trump.
In its defense, Fox said it was obligated to report on the most newsworthy of stories — a president claiming that he had been cheated out of reelection. In a 1964 case involving The New York Times, the U.S. Supreme Court limited the ability of public figures to sue for defamation. The court ruled that plaintiffs needed to prove that news outlets published or aired false material with “actual malice” — knowing such material was false or acting with a “reckless disregard” for whether or not it was true.
“What they did to get viewers back was start this new narrative that the election had been stolen and that Dominion was the thief,” Dominion lawyer Rodney Smolla said during a March hearing.
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