Will Fox News settle the Dominion defamation lawsuit? First Amendment experts arent so sure – Yahoo News
(Getty)
Private communications made public in a defamation lawsuit against Fox News revealed some of the networks top stars and executives acknowledging baseless conspiracy theories surrounding the 2020 presidential election.
The $1.6bn lawsuit from Dominion Voting Systems, the company at the centre of bogus on-air statements from Donald Trumps allies, argues that the right-wing media network knowingly presented false claims that energised competing networks that threatened Fox viewership.
Private admissions detailed in court filings show text messages, emails and sworn testimony questioning or ridiculing unreliable guests and spurious arguments while at the same time conceding that publicly rejecting those claims would risk alienating their viewers.
Embarrassing and potentially reputation-damaging behind-the-scenes revelations, stitched together in Dominions sprawling case alleging a media empire that relies on lying to its audience, may be compelling evidence, but they are not necessarily enough to reach the high bar in a billion-dollar defamation case, according to legal analysts.
Those findings will be enormously helpful for a jury to consider Dominions case if a trial begins as scheduled in April. But prevailing in court means Dominion must prove that Fox aired defamatory statements knowing that they were false or with reckless disregard for the truth, and link those accusations to the states of mind of those responsible for airing them.
Those hurdles are outlined in the US Supreme Court precedent established in The New York Times v Sullivan, a landmark press freedom case from 1964 that has also been at the centre of right-wing attacks on the media, including recent lawsuits from Sarah Palin and Donald Trump.
Some analysts argue that Dominions case against the most-watched cable media outlet could deliver a blow to press freedom protections while, ironically, powerful right-wing figures launch their own legal challenges to strip the Sullivan precedent entirely.
Story continues
A spokesperson for Fox News told The Independent that Dominion joins a long line of public figures and corporations across the country that have long tried to silence the press, and this lawsuit from Staple Street Capital-owned Dominion is nothing more than another flagrant attack on the First Amendment.
Fox News will continue to fiercely protect the free press as a ruling in favor of Dominion would have grave consequences for journalism across this country, the statement said.
In another twist of fate, Dominions case literally involves the levers of democracy, things that we should be very wary about punishing, according to Andrew Geronimo, director of the First Amendment Clinic within the Milton and Charlotte Kramer Law Clinic at Case Western Reserve University School of Law.
We want to encourage a robust and wide-open discussion about public affairs, especially about how to run our governments, and we want to allow for some breathing room to let people talk about this without having to do the full journalistic run at it, he told The Independent.
But what you cant do is knowingly lie about somebody in a way that damages them, he said.
Dominion submitted dozens of pages outlining the considerations needed to meet the actual malice standard, including statements and messages from the networks on-air personalities, producers and executive leadership, as well as Fox Corporation chairman Rupert Murdochs admission in a sworn deposition that some of his stars were endorsing a false narrative around the 2020 election.
Attorneys for Fox News argue that Dominion has sought to distract from its evidentiary deficiencies by cherrypicking anything it can find from any corner of the Fox News organisation that shows that anyone at Fox News doubted or disbelieved the presidents allegations.
From there, it posits that Fox writ large not the specific person(s) at Fox News responsible for each statement knew that that specific statement was false, according to court filings from Fox News.
In addition to uncovered messages and admissions in sworn testimony, Dominions case has relied on showing a much-larger picture of the Fox organisation, its decision making, and its concerns over declining viewership with competition from other right-wing networks that have indulged the former presidents conspiracy theories.
That is the media story narrative driving Dominions case, so you dont get the plausible deniability of were just putting newsworthy stuff on air, which is the argument [Fox] is making, Mr Geronimo said.
In legal briefs, attorneys for Fox News have argued that news organisations have an obligation to air newsworthy allegations, especially those from a sitting president. But those claims are likely to dissolve if the network was driven by profit rather than facts, according to legal analysts.
The fact that there was arguably a motive by Fox to publish these accusations against Dominion based on its own economic interests in retaining Trump viewers would, if believed by the jury, probably destroy that argument, Rutgers University law professor Ronald Chen told NPR.
Attorneys for Fox News have argued that Dominion was not damaged anywhere close to the $1.6bn the voting machine company is seeking.
But if there are boards of elections around the country canceling contracts with Dominion and citing some of this reporting that turns out to be false, I think that is a way to show damages, Mr Geronimo said.
I think what a trial really should do in this case is go through statement by statement, and figure which of them are statements of fact, and if they are statements of fact, which of them are false, he told The Independent. And if theyre false, which of them damaged Dominion? I think there should be a pretty granular and specific analysis of what was said, who knew what and when, and only if all those boxes are checked should there be some kind of liability.
Richard Tofel, former president of nonprofit investigative news publisher ProPublica, argued that the parties should settle. For Dominion, that means reaching a conclusion long before a potentially lengthy trial, conviction and sentencing that could take months or years to enforce.
Dominion has proved the hardest part of its case, that Fox not only repeatedly broadcast untruths in the days and weeks after the election, but that it did so knowingly, and for the base motive of pandering to viewers, especially as some defected to rival networks, and thus preserving profits, he wrote.
Fox, on the other hand, could settle to avoid a potentially even-larger trial verdict amount, and, perhaps more importantly to its business, the network would avoid having to publicly and repeatedly admit a series of truths that, as court filings have revealed, could damage the business and crash viewership.
A settlement scenario would not necessarily be an admission of guilt but could include an agreement that Fox News agrees to say those things we got sued over, he said.
I dont think a settlement would change how Fox does business really in any way, he told The Independent. This whole incident might make them a little bit more cautious.
Rupert Murdoch (REUTERS)
Tim Heaphy, a former federal prosecutor and the lead investigator for the House select committee investigating January 6, said that the legal system in this case reveals its function as a forum in which people can address grievances and get justice, and there is an important sort of public discourse benefit, because a lot of that plays out in a public way.
He suggested that Dominion may not want to settle exactly for that reason.
They want a lot of these facts to be laid bare in a courtroom in a public proceeding, he told MSNBC. Were headed there. There may be more of these kinds of behind-the-scenes allegations, and I do think that theres a useful long-term benefit for people to understand.
A victory for Dominion at a trial could be a devastating blow to Fox. Longtime First Amendment attorney Lee Levine told The Los Angeles Times: I have a hard time envisioning a scenario in which Fox wins before a jury.
But some legal analysts fear that elevated scrutiny into a media outlet on the hook for hundreds of millions of dollars in damages or more, if a jury decides could cause long-term harm to US newsrooms.
Generally speaking, it is not a good idea to permit a wholesale inquiry into newsroom decisions as a whole, and also I include ownership as part of that inquiry, according to James Goodale, the New York Times general counsel who advised the paper to publish the Pentagon Papers, speaking to NPR.
No matter how much I might personally deplore what Fox is alleged to have done, I worry a lot more about the longer term-ramifications, according to Jane Kirtley, University of Minnesota media law professor and a former executive director of the Reporters Committee for Freedom of the Press, speaking to NPR.
To simply say Fox is a bunch of liars that they shouldnt be allowed to get away with this and their wild speculations should not be reported and should not be protected I just think that that is a slippery slope, she told the outlet.
But the problem is that by lifting the veil on the editorial decision-making process, we are now going to see all news organizations called into question going forward, she added.
Fox has argued similarly in statements to the press; a spokesperson told The Independent that the case presents an unprecedented assault on the First Amendment.
But even if Dominion makes their case and convinces a jury to shovel truckloads of Foxs money to [Dominion], nothing in this case presents a meaningful threat to the First Amendment, according to former Bloomberg counsel and New York University professor Charles Glasser, speaking to NPR.
It really comes down to the facts about how the story was crafted and disseminated, he added.
Mr Geronimo told The Independent that a jury, in the end, might just not like you.
And if they dont like you, then they might be inclined to fight against you, he said.
I dont think we want people just picking sides and apportioning liability there, because then what, when the sides are flipped? he added. Thats a dynamic that I will be watching if it goes to trial: Are they doing what I think the analysis requires, which is finding specific statements, and checking off the elements? Or is it all just like, Look how bad Fox was? and not be as specific with which statement was a false statement of fact.
Read more here:
Will Fox News settle the Dominion defamation lawsuit? First Amendment experts arent so sure - Yahoo News
- Bill Introduced in Congress To Codify the First Amendment Right To Film the Feds and Sue for Violations - Yahoo - June 12th, 2026 [June 12th, 2026]
- Of Slop and Swarms: The First Amendment's Next Test - | Knight First Amendment Institute - June 12th, 2026 [June 12th, 2026]
- Will the First Amendment Affect the Midterms? Government Pressure to Control Speech and AI Tools Worries Americans - American Enterprise Institute -... - June 12th, 2026 [June 12th, 2026]
- Fort Wayne Death Doula Secures Final Victory in First Amendment Lawsuit Challenging States Restrictions on Discussing End-of-Life Care - The Institute... - June 12th, 2026 [June 12th, 2026]
- NJ reproductive health bill raises First Amendment concerns - The Jersey Vindicator - June 12th, 2026 [June 12th, 2026]
- Roll Call. Clicks and confrontation are the real goal of First Amendment auditors - Shaw Local - June 12th, 2026 [June 12th, 2026]
- Southern Baptists Want to Shrink First Amendment Protections - Word&Way - June 12th, 2026 [June 12th, 2026]
- Armstrong responds to backlash over his endorsements I didnt give up my first amendment rights when I became governor - WDAY Radio - June 12th, 2026 [June 12th, 2026]
- On Mormons, The Pentagon, And The First Amendment - Patheos - June 12th, 2026 [June 12th, 2026]
- Philly Cops Admit That Theyre Tracking First Amendment Activity Critical of AI - The Intercept - June 3rd, 2026 [June 3rd, 2026]
- Free Speech Unmuted: The First Amendment and Privacy Rights - Reason Magazine - June 3rd, 2026 [June 3rd, 2026]
- Join the Conversation: The First Amendment and the American Flag - WSHU - June 3rd, 2026 [June 3rd, 2026]
- What Is the Equal Opportunities Rule? FCC Regulation Explained as ABC Claims First Amendment Violation - Freedom Forum - June 3rd, 2026 [June 3rd, 2026]
- VICTORY! Tennessee man jailed 37 days for Trump meme wins $835,000 settlement after First Amendment lawsuit - FIRE | Foundation for Individual Rights... - May 27th, 2026 [May 27th, 2026]
- 'If you can frighten people, you can control them': Journalist Alex Berenson warns about fear-based tactics after securing $150K First Amendment... - May 27th, 2026 [May 27th, 2026]
- The First Amendment exists to protect speech we dont want to hear - CT Mirror - May 27th, 2026 [May 27th, 2026]
- ACLU of Indiana reaches settlement in First Amendment lawsuit against Ball State University - WTHI-TV - May 27th, 2026 [May 27th, 2026]
- Justice Department Appeals Federal Judges Ruling That First Amendment Protections Apply to Sanctioned UN Special Rapporteur - Foundation for Defense... - May 27th, 2026 [May 27th, 2026]
- Q&A: Anna Gomez Is the Sole Democrat on the FCC. She Has a Warning for Big Media Companies - First Amendment Watch - May 27th, 2026 [May 27th, 2026]
- How does the First Amendment apply to protesters at church? Onondaga County lawmakers consider question raised by new bill - AOL.com - May 27th, 2026 [May 27th, 2026]
- A free press is for all of us. Why I cover the First Amendment - The Tennessean - May 17th, 2026 [May 17th, 2026]
- First Amendment rights at center of clash between Pa. schools and students over ICE walkouts - LancasterOnline - May 17th, 2026 [May 17th, 2026]
- Letter to the Editor: An assault on the First Amendment - Brattleboro Reformer - May 16th, 2026 [May 16th, 2026]
- Re-Aligning Incentives in the Democratic Public Sphere - | Knight First Amendment Institute - May 13th, 2026 [May 13th, 2026]
- In Legal Dispute Over The View, ABC Argues Trump Administration Is Trying To Chill Free Speech - First Amendment Watch - May 13th, 2026 [May 13th, 2026]
- Appeals Court Spares Trump From Paying $83 Million Defamation Award to E. Jean Carroll For Now - First Amendment Watch - May 13th, 2026 [May 13th, 2026]
- Online Speech and Jawboning Hypocrisy: Does an Inglorious First Amendment Legacy Await Bondi and Noem? - American Enterprise Institute - AEI - May 13th, 2026 [May 13th, 2026]
- First Amendment rights at center of clash between Pa. schools and students over ICE walkouts - The Daily Item - May 13th, 2026 [May 13th, 2026]
- ABC accuses FCC of violating its First Amendment rights over its scrutiny of "The View" - CBS News - May 9th, 2026 [May 9th, 2026]
- ABC Accuses Government of Violating First Amendment - The New York Times - May 9th, 2026 [May 9th, 2026]
- Jane Fonda, Patti Smith, Rufus Wainwright to Gather in Celebration of the First Amendment in NYC - Rolling Stone - May 9th, 2026 [May 9th, 2026]
- FCC's warnings on political interviews 'chill' First Amendment, ABC says - Politico - May 9th, 2026 [May 9th, 2026]
- ABC Says FCCs Equal Time Crackdown On The View Chills Its First Amendment Rights - Deadline - May 9th, 2026 [May 9th, 2026]
- ABC accused the U.S. government of violating the First Amendment in a dispute with the FCC over The View. The networks argument is the most aggressive... - May 9th, 2026 [May 9th, 2026]
- ABC accuses government of violating First Amendment - Editor and Publisher - May 9th, 2026 [May 9th, 2026]
- ABC Accuses Trump Administration of Violating First Amendment with FCC's Pointed Attacks on The View - People.com - May 9th, 2026 [May 9th, 2026]
- Sen. Kelly First Amendment Case: Government Cannot Be Arbiter of Its Own Speech Restrictions - Cato Institute - May 9th, 2026 [May 9th, 2026]
- DCYF warning to union leader raises First Amendment concerns, ACLU says - Rhode Island Current - May 9th, 2026 [May 9th, 2026]
- ABC accuses the FCC of violating its first amendment rights - WQAD - May 9th, 2026 [May 9th, 2026]
- Local news and the First Amendment: Whats at stake - Roswell Daily Record - May 9th, 2026 [May 9th, 2026]
- Mark Kelly lawsuit: impact on First Amendment rights of retired veterans - KTAR News 92.3 FM - May 9th, 2026 [May 9th, 2026]
- ABC and Disney accuse Trump admin of violating First Amendment rights - The Verge - May 9th, 2026 [May 9th, 2026]
- ABC accuses FCC of violating the First Amendment in their attacks on 'The View': An overreach that "threatens to upend decades of settled... - May 9th, 2026 [May 9th, 2026]
- ABC alleges the FCC violated its First Amendment rights over 'The View' criticism - KBAK - May 9th, 2026 [May 9th, 2026]
- Disney-Owned ABC Accuses U.S. Government of Violating First Amendment - WDW News Today - May 9th, 2026 [May 9th, 2026]
- ADL Reports a Sharp Drop in US Antisemitic Incidents in 2025, Driven by a Steep Fall on Campuses - First Amendment Watch - May 9th, 2026 [May 9th, 2026]
- Bette Midler and Jane Fonda to Headline Protest Concert for the First Amendment in New York - TheWrap - May 9th, 2026 [May 9th, 2026]
- Rutgers University Withdraws Invite to a Graduation Speaker Over His Criticism of Israel - First Amendment Watch - May 9th, 2026 [May 9th, 2026]
- ABC alleges the FCC violated its First Amendment rights over 'The View' criticism - WKRC - May 9th, 2026 [May 9th, 2026]
- Patti Smith to take part in Rise Up, Sing Out: A Concert for the First Amendment - Everett Post - May 9th, 2026 [May 9th, 2026]
- ABC accuses FCC of chilling The View's First Amendment rights to be The View - AV Club - May 9th, 2026 [May 9th, 2026]
- James Comey Faces New Indictment With First Amendment Implications: What You Need to Know - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Supreme Court First Choice ruling crushes lawfare in win for First Amendment - Washington Examiner - May 5th, 2026 [May 5th, 2026]
- Letter: Exercising the First Amendment - The Daily News of Newburyport - May 5th, 2026 [May 5th, 2026]
- Celebrating the Power of Music and the First Amendment at Freely Fest - Freedom Forum - May 5th, 2026 [May 5th, 2026]
- Trump uses assassination attempt to justify his assault on first amendment rights to free speech - The Conversation - May 3rd, 2026 [May 3rd, 2026]
- The GUARD Act Undermines the First Amendment and Parental Choice - R Street Institute - May 3rd, 2026 [May 3rd, 2026]
- Art by Telephone, Art by Algorithm: Expression, AI, and the First Amendment - - Center for Democracy and Technology - May 3rd, 2026 [May 3rd, 2026]
- The first amendment shall prevail: Plaintiff in 2023 discrimination case speaks after judge orders St. George to pay $350K - ABC4 Utah - May 3rd, 2026 [May 3rd, 2026]
- RANDY EVANS: Reflecting on mentors, opportunity and the First Amendment - Indianola Independent Advocate - May 3rd, 2026 [May 3rd, 2026]
- Utah City Ordered to Pay $350k to Drag Performers After Losing First Amendment Fight - EDGE Media Network - May 3rd, 2026 [May 3rd, 2026]
- The Mouse vs. The White House: Disney Lawyers Up for First Amendment War Over ABCs License - Inside the Magic - May 3rd, 2026 [May 3rd, 2026]
- Analysis: What Disney is thinking as it faces a First Amendment fight with Trump - CNN - April 29th, 2026 [April 29th, 2026]
- First Amendment advocates blast the FCC's early review of ABC broadcast licenses - NBC News - April 29th, 2026 [April 29th, 2026]
- Kimmel, the First Amendment and a brewing battle with the FCC - USA Today - April 29th, 2026 [April 29th, 2026]
- Former Spokane mayor Woodward wants $10 million from the city, alleges First Amendment violations - KXLY.com - April 29th, 2026 [April 29th, 2026]
- The Taricani Visiting Journalist Series on First Amendment Rights Harrington School of Communication and Media - The University of Rhode Island - April 29th, 2026 [April 29th, 2026]
- In rare interviews, Bush hails the First Amendment and Obama says America doesn't have 'kings' - NBC News - April 23rd, 2026 [April 23rd, 2026]
- CBS Hosting Dinner Praising Trump And His Love Of The First Amendment - Techdirt. - April 23rd, 2026 [April 23rd, 2026]
- BREAKING: Street preacher threatens to sue SIUE on grounds of First Amendment rights violation - alestlelive.com - April 23rd, 2026 [April 23rd, 2026]
- First Amendment to Arkansas: You Cannot Sentence Speech on the Internet to Death by a Thousand Cuts in NetChoice Court Victory - NetChoice - April 23rd, 2026 [April 23rd, 2026]
- The GUARD Act dis-GUARDs the First Amendment and competition - Competitive Enterprise Institute - April 23rd, 2026 [April 23rd, 2026]
- Supreme Court Denies Hearing in First Amendment Cases Related to Occupational Speech - The Institute for Justice - April 23rd, 2026 [April 23rd, 2026]
- Code is functional free speech under the First Amendment: Coin Center - TradingView - April 23rd, 2026 [April 23rd, 2026]
- Texas public schools can now have Ten Commandments displays, Appeals Court ruled, but Supreme Court can still save this First Amendment disaster -... - April 23rd, 2026 [April 23rd, 2026]
- Trump admin violated First Amendment by forcing Facebook and Apple to remove ICE-trackers - Law and Crime News - April 19th, 2026 [April 19th, 2026]
- Judge sides with creators of banned ICE trackers who allege DHS and DOJ violated their First Amendment rights - Engadget - April 19th, 2026 [April 19th, 2026]
- How Originalism Broke the First Amendment - Balls and Strikes - April 19th, 2026 [April 19th, 2026]
- Trump says CNN may have committed a crime. The First Amendment says otherwise - Poynter - April 19th, 2026 [April 19th, 2026]
- Jon Prosser's last-ditch effort against Apple's lawsuit is the First Amendment - AppleInsider - April 19th, 2026 [April 19th, 2026]