Dominion Voting Systems faces a major hurdle in its attempt to recover $1.6 million from Fox News and Fox Corp. On Tuesday, a Delaware judge will decide whether to rule on any portion of the case before a jury trial.
The parent company, the manufacturer of voting systems and the television network have all requested summary judgment from the judge. This is to give the judge an overview of a variety of aspects of the case.
Both sides claim that the evidence is convincing enough that a jury trial would be unnecessary. Dominion claims that there is no defense to the alleged defamation, while Fox News asserts that the First Amendment protects Fox News’ coverage.
RonNell Andersen Jones is a professor at University of Utah College of Law and a specialist in the First Amendment. “These motions can have the potential for being incredibly consequential — both for the parties as well as for the future of free speech law and defamation,” he said.
Any ruling could drastically limit or shape the future of this historic and broad defamation case. It will decide which claims will be taken into consideration, who can be held liable, and what questions the jury will ask.
For example, Delaware Superior Court judge Eric Davis could agree that Dominion’s statements are defamatory. Dominion claims that it is connected to the late Venezuelan President Hugo Chavez, and that its equipment was used in the 2020 election rigging, to name two. This spares the jury the need to consider the evidence.
If this happens, Dominion would have to prove that Fox News and Fox Corp. knew falsity or recklessly disregard for the truth in publishing the claims.
Or Davis could be adamant that Fox Corp.’s evidence of Dominion’s involvement with Fox News broadcasts, tweets is not sufficient. This would allow Fox Corp. to accept the findings. Fox News can defend itself alone, thanks to Rupert Murdoch as Chair.
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Both sides will likely face difficult questions. Davis stated that he is well-known for asking questions at status hearings.
Andersen Jones stated that each of the tweets and broadcasts deemed defamatory will be taken into consideration. The hearing will also be an example for those who are interested in the case.
She said that Tuesday’s hearing and filings will give “a really useful preview” of what a jury could see next month.
The judge can issue a ruling right away or wait several days.
The jury selection process will begin on April 13th, with the trial beginning on April 17th.
