Washington — Lies about the 2020 presidential election spread in the wake of former President Donald Trump’s loss will take center stage in Delaware state court Tuesday, when Dominion Voting Systems will press its claims before a jury that Fox News aired baseless accusations against it that the network knew were false.
The high-stakes trial comes two years after Dominion filed its lawsuit against Fox News and is set to test the bounds of the First Amendment while highlighting unfounded allegations amplified by a former president and his allies that the 2020 presidential election was stolen. While the trial was set to kick off Monday with the final round of jury selection and opening statements, Delaware Superior Court Judge Eric Davis, who is overseeing the case, announced Sunday night that the start would be postponed until Tuesday. He did not cite a reason.
“This is not unusual,” Davis said in brief proceedings Monday morning, noting that postponements often occur.
The key issue for the 12 jurors weighing Dominion’s defamation case against the cable news giant is whether Fox News defamed the company when it broadcast claims that the electronic voting company helped orchestrate a campaign to rig the election against Trump.
For Dominion to succeed, the company’s lawyers must convince the jury that Fox News acted with actual malice, the legal standard that requires a public figure to prove the publisher knew the offending statements were false or acted with reckless disregard for the truth. If Dominion succeeds in clearing that high bar, the jury will then decide how much in damages they believe the company is entitled to.
Dominion is suing Fox and its parent company, Fox Corporation, for $1.6 billion and has pointed to 20 statements — many made by conservative lawyers Sidney Powell and Rudy Giuliani — aired on shows hosted by Maria Bartiromo, Lou Dobbs, Jeanine Pirro, Tucker Carlson and Sean Hannity or on Twitter that they argue were defamatory.
“In the coming weeks, we will prove Fox spread lies causing enormous damage to Dominion. We look forward to trial,” a Dominion spokesperson said in a statement before the start of the trial.
Fox News argues that the claims involving Dominion were newsworthy given who made the statements, when they were made and what they concerned, and that the broadcasts are protected by the First Amendment.
“Dominion’s lawsuit is a political crusade in search of a financial windfall, but the real cost would be cherished First Amendment rights,” a Fox spokesperson said in a statement. “While Dominion has pushed irrelevant and misleading information to generate headlines, FOX News remains steadfast in protecting the rights of a free press, given a verdict for Dominion and its private equity owners would have grave consequences for the entire journalism profession.”
The case has already brought into the public view reams of internal text messages and emails exchanged by Fox’s hosts, producers and executives, many of which showed they had doubts about the veracity of the allegations being spread by Trump and his allies.
Both Dominion and Fox News asked Davis to rule in their favor based on the evidence presented in the case. But Davis said in an opinion late last month that a jury will decide whether Fox acted with actual malice in broadcasting the unfounded allegations about Dominion.
The judge also said it is “oxymoronic” to call the challenged 20 statements opinions while also asserting they’re newsworthy allegations. Davis, who reviewed all 20 broadcasts and tweets where the falsehoods about Dominion were made, said it’s “crystal clear” that none of the statements relating to the electronic voting company are true.
Davis last week sanctioned Fox’s attorneys after Dominion alleged the network withheld evidence and information it should have turned over. A Fox attorney apologized to the judge in a letter Friday, writing the network’s legal team is “committed to clear and full communication with the Court moving forward.”
A number of Fox News’ top hosts, including Carlson, Hannity and Baritromo, are expected to testify during the course of the roughly six-week trial, along with co-founder Rupert Murdoch.
Nicole Sganga contributed to this report.
