WILMINGTON, Del. (AP) — Hosts At Fox News According to court filings, the defendant network was sued for $1.6 billion in defamation.
“Sidney Powell is lying,” Tucker Carlson spoke to a producer on November 16, 2020 about evidence of election fraud. According to an extract from an exhibit, which remains sealed, Tucker Carlson said that Tucker Carlson had the evidence.
Attorneys for Dominion Voting Systems filed a brief redacted to summary judgment Thursday that included the internal communication.
Carlson also mentioned Powell in a book as an “unguided missile,” “dangerous as hell.” Laura Ingraham, another host, said to Carlson that Powell was. “a complete nut. No one will work with her. Ditto with Rudy,” Rudy Giuliani (ex-New York mayor, Trump supporter) is the reference.
Sean Hannity said that in the meantime, during a deposition “that whole narrative that Sidney was pushing, I did not believe it for one second,” according to Dominion’s filing.
Dominion Electronic Voting Hardware and Software, based in Denver, has sued both Fox News and the parent company Fox Corporation. Dominion stated some Fox News Employees deliberately made false allegations that Dominion changed the votes during the 2020 election. Fox It provided guests with a forum to make defamatory and false statements.
In a counterclaim, attorneys representing Dominion argued that the lawsuit was an assault upon the First Amendment. Dominion had advanced “novel defamation theories” And is looking for a “staggering” damage figure aimed at generating headlines, chilling protected speech and enriching Dominion’s private equity owner, Staple Street Capital Partners.
“Dominion brought this lawsuit to punish FNN for reporting on one of the biggest stories of the day— allegations by the sitting President of the United States and his surrogates that the 2020 election was affected by fraud,” According to the counterclaim “The very fact of those allegations was newsworthy.”
Fox attorneys also said in their own summary judgment brief that Carlson repeatedly questioned Powell’s claims in his broadcasts. “When we kept pressing, she got angry and told us to stop contacting her,” Carlson spoke to viewers Nov. 19, 2020.
Fox attorneys say Dominion’s own public relations firm expressed skepticism in December 2020 as to whether the network’s coverage was defamatory. They also point to an email from Oct. 30, 2020, just days before the election, in which Dominion’s director of product strategy and security complained that the company’s products were “just riddled with bugs.”
Their counterclaim is Fox Lawyers wrote that Trump made the accusations against his surrogates and voting-technology firms denied it. Fox News They aired these denials while others Fox News hosts offered protected opinion commentary about Trump’s allegations.
Fox’s counterclaim is based on New York’s “anti-SLAAP” law. They are designed to protect First Amendment rights holders from intimidation “strategic lawsuits against public participation,” Or SLAPPs.
“According to Dominion, FNN had a duty not to truthfully report the President’s allegations but to suppress them or denounce them as false,” Fox Attorneys wrote. “Dominion is fundamentally mistaken. Freedom of speech and freedom of the press would be illusory if the prevailing side in a public controversy could sue the press for giving a forum to the losing side.”
Fox Lawyers say that by threatening Dominion with an $1.6 billion judgement, other media outlets will be more cautious about reporting on the matter. The lawsuit documents show Dominion didn’t suffer economic loss and don’t indicate it has lost any customers. Fox’s election coverage.
Superior Court A trial will begin in April with Judge Eric Davis. However, summary judgment would be granted to any side and could eliminate the need to have a jury trial. This trial can last up to five weeks.
Dominion stated in its 192-page short that it should be ruled in favor of the judge. “no reasonable juror could find in Fox’s favor on each element of Dominion’s defamation claim.” Dominion lawyers also claim that no reasonable juror would find in the favor of Fox’s “neutral reportage” “fair report” defenses.
“Recounts and audits conducted by election officials across the U.S. repeatedly confirmed the election’s outcome, including specifically that Dominion’s machines accurately counted votes,” Dominion’s filing states. “That evidence alone more than suffices for summary judgment on the falsity of the claims that Dominion rigged the election and its software manipulated vote counts.”
Fox News attorneys argue the network’s coverage and commentary are not defamatory.
“Even assuming, for the sake of argument, that Dominion could point to any statement that could be actionable defamation, this court should grant Fox News’ summary judgment motion for the independent reason that Dominion lacks clear and convincing evidence that the relevant individuals at Fox News made or published any statement with actual malice,” They wrote.
Davis declared last month Dominion a public person for the purpose of the defamation lawsuits. Dominion has to show by the majority of evidence that Dominion was a public figure. Fox Indicators acted with reckless disregard or actual malice.
For Attorneys Fox Corp. joined the brief by Fox NewsWhile claiming that Dominion did not produce any evidence to support its liability, he also stated that the parent company has an independent right to summary judgement.
