The Dominion lawsuit against Fox News is now in the final discovery stages. The parties are in court arguing over Fox executive contracts which establish their roles in defining broadcast content.
Dominion has exposed e-mail that documents the intense pressure brought to bear on Fox by team Trump, which began after the declaration that Biden had won Arizona. The Fox news hosts largely sided with Trump, and continued making baseless claims, as well as booking appearances by Trump and his representatives to "substantiate" those claims.
Meanwhile the Fox executives labeled the Trump advocates as "crazies" and tried to end the news segment bookings. Producers were pleading with management to intervene on the false claims. But it appears that instead, Fox decided to redesignate the offenders as opinion hosts, rather than news hosts. That has been a long-standing Fox strategy to avoid responsibility.
So the case will hinge on whether the Fox executive responses constitute malice. Dominion can now establish that management knew the claims were false, but allowed them to continue. As motive, Dominion cites the drop in ratings as viewers moved to the more conservative outlets promoted by Trump, which continued to support his claims. Thus Fox had a financial incentive to sustain the falsehoods, since to openly debunk them would have meant catastrophic losses in the thier base viewership.
Fox is arguing that executives were "far removed" from the on-air editorial content decisions, but Dominion has exposed daily broadcast meeting minutes where Fox executives were present.
Fox is also arguing that election fraud claims were "inherently newsworthy", as were the individuals making those claims, such as then-President Trump and his administration officials. And thus were rightly covered in the news. And that Dominion is attempting to stifle journalistic freedom and free speech.
Perhaps the most egregious Fox argument, is to assert journalistic privilege for the many Fox hosts (Bartiromo, Pirro, Hannity, Dobbs, Carlson) that Dominion is asking to depose, shielding them under the guise of protected sources. While at the same time, Fox has defended their statements as being opinion, and not news.
I think Fox is throwing everything at the wall here, to see what will stick. Not unlike Trump's own defenses.https://www.npr.org/2022/10/06/11271499 ... =18&f=1001