Willie R. Tubbs, FISM News
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The year-old lawsuit that Dominion Voting Systems filed against Fox News over the network’s coverage of the 2020 presidential election now involves the most prominent figures at the conservative channel.
Dominion’s attorneys have sought or are seeking to depose Tucker Carlson, Sean Hannity, and Fox Business host Maria Bartiromo, according to CNN. Others may be involved as well.
Carlson appears to have been interviewed Wednesday and Hannity last week, with Bartiromo scheduled to be deposed next week as Dominion seeks to prevail in the $1.6 billion suit.
The voting systems company, which faced intense criticism from across the right and among conservative media following the 2020 election, alleges Fox News “recklessly disregarded the truth” as it covered the many allegations of voting irregularities and electoral fraud that permeated the American political sphere following Donald Trump’s loss to Joe Biden.
The language Dominion used is important as “reckless disregard for the truth” is the standard by which this type of defamation case is likely to be judged. When public figures accuse media outlets of defamation, they must prove not just that the media outlet in question disseminated false information, but that it did so either deliberately or with no concern given to the truth or falsity of claims.
“The truth matters. Lies have consequences,” Dominion’s initial complaint reads. “Fox sold a false story of election fraud in order to serve its own commercial purposes, severely injuring Dominion in the process. If this case does not rise to the level of defamation by a broadcaster, then nothing does.”
Defamation cases — even those brought by private figures, whose burden of proof is lower than that of a public figure — are often quite difficult to win. Courts have, historically, bristled at playing editor or doing anything that could be perceived as stepping on the First Amendment.
Indeed, the notion of free speech is the foundation upon which Fox’s hopes rest in this case.
“We are confident we will prevail as freedom of the press is foundational to our democracy and must be protected,” a Fox News spokesperson said in a statement to CNN, later adding, “In addition to the damages claims being outrageous, unsupported, and not rooted in sound financial analysis, serving as nothing more than a flagrant attempt to deter our journalists from doing their jobs.”
There have been no reports about, nor is it likely in the immediate future that interested observers will learn, what the celebrity journalists discussed during their depositions.