Fox News is asking a Delaware judge to dismiss Dominion Voting Systems’ $1.6 billion lawsuit against the network, contending that the litigation is an attack on their First Amendment right to report on Donald Trump’s claim that the 2020 election was stolen from him.
“It was a newsworthy ‘fact’ that the sitting President simply made allegations challenging the presidential election,” the network’s legal team, led by Chip Babcock and Scott Keller, wrote in the motion to dismiss (read it here).
“Dominion confuses the obligation to truthfully report allegations with a purported requirement that the media rebut their underlying falsity. No such duty exists under the First Amendment or New York law. The press can safely cover both sides and interview newsmakers without endorsing everything they say. The freedoms of speech and press would be illusory if the prevailing party could obtain billions of dollars from the press for providing the losing side a forum.
“It was a newsworthy ‘fact’ that the sitting President simply made allegations challenging the presidential election,” the network’s legal team, led by Chip Babcock and Scott Keller, wrote in the motion to dismiss (read it here).
“Dominion confuses the obligation to truthfully report allegations with a purported requirement that the media rebut their underlying falsity. No such duty exists under the First Amendment or New York law. The press can safely cover both sides and interview newsmakers without endorsing everything they say. The freedoms of speech and press would be illusory if the prevailing party could obtain billions of dollars from the press for providing the losing side a forum.
- 5/18/2021
- by Ted Johnson
- Deadline Film + TV
Fox News filed a motion Tuesday to dismiss a massive $1.6 billion lawsuit from by voting-technology firm Dominion Voting Systems, citing concerns about freedom of speech and introducing a new development to the closely-watched case.
In the motion, Fox News said Dominion failed to identify “any actionable defamation” by Fox News and did not stipulate facts that Fox News presented the items Dominion challenges “with actual malice.”
“The freedoms of speech and press would be illusory if the prevailing party could obtain billions of dollars from the press because it provided a forum for the losing side,” said Chip Babcock and Scott Keller, two attorneys representing Fox News Media in the matter.
Dominion Voting was not able to provide immediate response.
Dominion filed its lawsuit in March in the Superior Court of Delaware, alleging Fox News falsely claimed the company had rigged the 2020 election, repeated items about the matter and subsequently...
In the motion, Fox News said Dominion failed to identify “any actionable defamation” by Fox News and did not stipulate facts that Fox News presented the items Dominion challenges “with actual malice.”
“The freedoms of speech and press would be illusory if the prevailing party could obtain billions of dollars from the press because it provided a forum for the losing side,” said Chip Babcock and Scott Keller, two attorneys representing Fox News Media in the matter.
Dominion Voting was not able to provide immediate response.
Dominion filed its lawsuit in March in the Superior Court of Delaware, alleging Fox News falsely claimed the company had rigged the 2020 election, repeated items about the matter and subsequently...
- 5/18/2021
- by Brian Steinberg
- Variety Film + TV
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