In a “rare” ruling, Dominion Voting Systems scored blockbuster victories against Fox News on multiple issues before their upcoming blockbuster trial next month.
The remarkable, 130-page ruling from Delaware Superior Court Judge Eric M. Davis found that there was no need for a jury to establish that the broadcasts at issue were false. He also removed multiple other defenses from Fox’s arsenal, except for actual malice.
That’s the doctrine in defamation law established by New York Times v. Sullivan and protecting news organizations from liability, by forcing litigants to show that false statements were published knowingly or with reckless disregard for the truth.
“This is very very rare,” First Amendment expert Jeff Kosseff told Law&Crime.
In essence, Kosseff added: “Actual malice is Fox’s only hope.”
This is a developing story. Check back later for updates.
Read the ruling here.
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