Willie R. Tubbs, FISM News

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The much-anticipated trial of Fox News ended quite literally before it began as the news giant settled the case brought by Dominion Voting Systems in moments before opening arguments. 

Tuesday, just before the start of the trial, Judge Eric Davis of the Delaware Superior Court announced from the bench that the parties had settled their dispute after Fox agreed to pay $785.5 million to Dominion, about half of what the voting company sought in their defamation claim. 

The settlement averted a ruling that could have created a precedent on what the courts consider to be defamatory statements in the current climate of polarized news outlets.

Dominion argued that Fox News journalists, hosts, executives, and guests had all defamed the company by making statements regarding the trustworthiness of Dominion voting machines during the aftermath of the 2020 presidential election. 

Among the claims with which Dominion took issue were accusations that the company’s voting machines had changed votes for Donald Trump to votes for Joe Biden. 

“We acknowledge the Court’s rulings finding certain claims about Dominion to be false,” a statement from Fox reads. “This settlement reflects FOX’s continued commitment to the highest journalistic standards. We are hopeful that our decision to resolve this dispute with Dominion amicably, instead of the acrimony of a divisive trial, allows the country to move forward from these issues.”

Dominion’s executives and attorneys had a different read on what the settlement meant for the defendants.

“Fox has admitted to telling lies about Dominion that caused enormous damage to my company, our employees, and the customers that we serve,” Dominion CEO John Poulos said during a press conference. “Nothing can ever make up for that. Throughout this process, we have sought accountability. Truthful reporting in the media is essential to our democracy.”

Unsurprisingly, Fox’s cable news competitors took no small amount of joy in the outcome of the case. 

Even if the only detail of the settlement released to the public was the enormous settlement figure and an admission of sorts from Fox that at least some of the claims it aired about Dominion were false, that was enough for CNN’s Jake Tapper to beam with delight while announcing the result. The mood was similarly chipper on MSNBC.

And, if one harbors ill will toward Fox News, there was more than just the settlement to gloat about. In the run-up to what would have been opening arguments, a bevy of internal communications suggested that many of the most recognizable names at Fox News did not believe Dominion machines had impacted the 2020 election. 

However, even among the celebrations of the massive loss for Fox News, one well-placed observer on the left pointed out that Fox News might wind up the big winner. 

“For Fox, the result is costly but bearable,” David A. Graham of The Atlantic wrote in an analysis. “Documents produced in discovery in the case show that Fox saw the aftermath of the election as an existential threat, as members of its audience defected to competitors. Today, Fox’s primacy within right-wing media has been restored and those competitors have faded. The network lost the lawsuit, but it survived and won the war.”

Fox is still facing a lawsuit from voting technology company Smartmatic which has also accused the news giant of defamation. Smartmatic is seeking $2.7 billion in damages from Fox and five individuals, including former Trump lawyers and hosts.

Fox has vehemently denied any wrongdoing in the Smartmatic case.