In early December, Scott answered angrily when a Fox reporter tested live one of Trump’s campaign conspiracy claims by emailing another executive, “This must stop now.”
She added: “It’s bad for business.”
In other reports, according to court documents, executives spoke of the need to “sort things out” and feared “piss.”[ing] from the audience.”
Dominion says its lawyers sent more than 3,600 emails to Fox employees in an attempt to correct Fox’s message on the matter. The company identified 20 specific statements from Fox broadcasts between November 8, 2020 and January 26, 2021 that it said were legally defamatory.
Davis has already said that the evidence in the case “demonstrates CRYSTALLY that none of the claims regarding the Dominion regarding the 2020 elections are true.”
As persuasive as the Dominion’s case may seem, the Constitution and Supreme Court precedent make it difficult to prove defamation by a news outlet. The bar is high; Dominion will have to prove “genuine malice”, meaning that Fox either knew what was being broadcast was wrong or acted recklessly, ignoring the truth.
For their part, Fox’s lawyers argued in the Dominion case that the First Amendment protected them and that the hosts were simply presenting noteworthy statements made by others—Trump and his allies.
“The Dominion lawsuit is a political crusade for unexpected financial gain, but the real price will be cherished First Amendment rights,” Fox said in a statement to HuffPost. “While Dominion promotes irrelevant and misleading headline information, Fox News remains steadfast in defending the rights of a free press, given that the verdict against Dominion and its private shareholders will have major repercussions for the entire journalism profession.”
The trial is expected to last about six weeks.
This is the syndicated version to Article originally published on HuffPost.