Dominion Voting Systems v. Fox News
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Selected Pleadings
Background
Issues for Discussion (selected)
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Legal
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Defamation
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Freedom of Speech
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Actual Malice
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Election Interference
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Journalism
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Responsibility of News Organizations
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Accuracy and Credibility
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Ethics of Opinion Journalism
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Press Freedom
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Political
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False Claims of Election Fraud
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Political Bias
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Freedom of the Press
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Polarization and Political Discourse
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Damages
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Defamation
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Lost Business Opportunities
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Emotional Distress
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Punitive Damages
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Cases
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New York Times Co. v. Sullivan (1964): This landmark case established the principle that public figures must prove actual malice in order to succeed in a defamation lawsuit. The Supreme Court held that a public official could not recover damages for a defamatory falsehood relating to his official conduct unless he could prove that the statement was made with “actual malice” – that is, with knowledge that it was false or with reckless disregard for whether it was false or not.
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Milkovich v. Lorain Journal Co. (1990): This case clarified that opinions that imply false assertions of fact can be the basis of a defamation claim. The Supreme Court held that “statements of opinion may imply false assertions of fact and thus be actionable, whereas statements of fact may imply opinions yet not be actionable.” This case also established the principle that statements made in the context of a public controversy may be protected by the First Amendment. The Supreme Court held that “speech on matters of public concern occupies the highest rung of the hierarchy of First Amendment values, and is entitled to special protection.”
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Curtis Publishing Co. v. Butts (1967): This case established the principle that a public figure who is not a public official may recover damages for a defamatory falsehood whose substance causes substantial danger to reputation by showing the defendant publisher acted with highly unreasonable conduct constituting an extreme departure from the standards of investigation and reporting ordinarily adhered to by responsible publishers.
News Reports (selected)
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Dominion Voting Systems Sues Fox News For $1.6 Billion Over False Election Fraud Claims, CNBC, March 26, 2021
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What To Know About Dominion’s Legal Fight With Fox News, The Hill, March 26, 2021
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Dominion Voting Wins Key Decision In Lawsuit Against Fox News, CNN Business, Dec. 16, 2021
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Judge Allows Fox News Defamation Suit to Include Fox Corporation, NYT, June 22, 2022
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Sean Hannity’s Damning Deposition In The Fox News Defamation Lawsuit, Explained, Vox, Dec. 22, 2022
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The Truth Isn’t Pretty, CNN, Feb. 15, 2023
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Fox News Exposed, CNN, Feb. 16, 2023
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How Dominion Voting Systems Filing Proves Fox News Was ‘Deliberately Lying’, The Guardian, Feb. 20, 2023
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A ‘Major Blow’ to Fox, CNN, Feb. 23, 2023
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What Fox News Hosts Said Privately vs. Publicly About Voter Fraud, NYT, Feb. 25, 2023
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Murdoch Testified Fox News Hosts Endorsed Idea That Biden Stole Election, Reuters, Feb. 27, 2023
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The Faux News Channel, CNN, Feb. 27, 2023
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Rupert Murdoch Isn’t Sinking The Fox News Legal Case. Here’s Why., WaPo, Feb. 28, 2023
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Complicity Through Complacency, CNN, Feb. 28, 2023
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Setting Up Suzanne, CNN, March 1, 2023
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Highlights From New Fox News Documents Released In Dominion Lawsuit, WaPo, March 7, 2023
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Dominion And Fox News Offer Dueling Views Of Defamation Law In Latest Court Filings, Deadline, March 8, 2023
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Is Fox News Really Doomed?, Intelligencer, March 16, 2023
- Where Dominion v. Fox Could Lead, New Yorker, March 19, 2023
- Fox and the Future, CNN, March 21, 2023
- Fox Argues Top Executives Weren’t Involved in Voter Fraud Broadcasts, NYTs, March 22, 2023
- Fox News Suffers Major Setback in Defamation Case, NYTs, March 31, 2023