Fox News is in serious peril based on the judge’s summary judgments on the pre-trial motions. There are four elements of defamation. The judge has ruled in favor of Dominion on three of them. They will not be part of the trial.
- Were the claims FALSE? The judge ruled as follows: “”The evidence…is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true. Therefore, the Court will grant summary judgment in favor of Dominion on the element of falsity.”
- Was Dominion defamed? The judge ruled as follows: “the Court holds, as a matter of law, that Dominion is entitled to summary judgment on the element of defamation per se.”
- Is Fox responsible? The judge ruled as follows: “[Fox] cannot avail themselves of certain defenses like the neutral report and fair reporting privileges or the privilege for opinion.” That means the idea that they were “only reporting” cannot be argued.
All that is left for the trial is the question of malice or negligence. This is where those Fox internal messages will come into play since they demonstrate that Fox News hosts and management knew very well they were spreading lies.
Tidewater News and Opinion Forum 
RE: “All that is left for the trial is the question of malice or negligence. This is where those Fox internal messages will come into play since they demonstrate that Fox News hosts and management knew very well they were spreading lies.”
I won’t be surprised, now, if a jury comes to exactly that opinion. The judge’s rulings are unfortunate as they will prevent Fox from presenting a robust 1st Amendment defense.
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“I won’t be surprised, now, if a jury comes to exactly that opinion. The judge’s rulings are unfortunate as they will prevent Fox from presenting a robust 1st Amendment defense.”
So now you understand defamtion law better than a judge. I must say you MAGATS are an amazing bunch. You always seem to know more on every subject than the professionals in the field.
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Not to worry, the judge will get another chance to get it right when the appeals courts send it back.
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Gosh! Now we have two MAGA legal experts who know more about defamation law than a judge. Remarkable.
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RE: “Not to worry, the judge will get another chance to get it right when the appeals courts send it back.”
One can hope. But if the fashion now is for 1st Amendment cases no longer to be litigated as 1st Amendment cases, then we are all screwed.
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This is not a “First Amendment Case.” It is a defamation case. Fox News can say what they want without government interference – that is their First Amendment right. But, they are not immune from the consequences of how they exercise that right.
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For a judge to rule Fox can’t constiutionally defend themselves is indeed strange but activist judges do make stupid rulings that are reversed on appeal. Im confident Fox is preparing appeal already.
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