Opinion by Jennifer Rubin: Dominion Voting Systems wins before the trial event starts.
against the network held that on 20 occasions, Fox made false accusations that Dominion tampered with voting results.
Fox claimed it is protected by a “neutral report” privilege — that is, it can repeat false statements that are “newsworthy.” New York law does not recognize such a defense, Davis stated. Moreover, he found, “Even if the neutral report privilege did apply, the evidence does not support that FNN conducted good-faith, disinterested reporting.” He added, “failure to reveal extensive contradicting evidence from the public sphere and Dominion itself indicates its reporting was not disinterested.
Dominion points out that Fox witnesses have declined to acknowledge the allegations as true, and in some cases even testified they did not believe the allegations. [Former Fox News host Chris Stirewalt] testified that he [did] not believe the allegations, that “no reasonable person” would have believed them, and confirmed that this was a widely held belief among the news people he talked with.
In the end, it will be up to the jury still to decide the issue of malice. It will also decide whether the parent company, Fox Corp., can be held responsible and determine damages. In any case, Fox has already taken a beating. There now exists a legal record of its dishonesty. The public should now understand that Fox personalities are willing to say things they know are false as part of a business model to keep viewers glued to its propaganda machine.
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