A $1.6 billion defamation lawsuit against Fox News by Dominion Voting Systems over the network’s coverage of the 2020 presidential election is an assault on...
WILMINGTON, Del. — A $1.6 billion defamation lawsuit against Fox News by Dominion Voting Systems over the network’s coverage of the 2020 presidential election is an assault on the First Amendment, attorneys for the cable news giant argued in a counterclaim unsealed Thursday.
In an amended counterclaim, attorneys for Fox argue that Dominion has advanced “novel defamation theories” and is seeking a “staggering” damage figure aimed at generating headlines, chilling protected speech and enriching Dominion’s private equity owner, Staple Street Capital Partners, and its investors.
Fox’s counterclaim is based on New York’s “anti-SLAAP” law. Such laws are aimed at protecting people trying to exercise their First Amendment rights from being intimidated by “strategic lawsuits against public participation,” or SLAPPs. “Dominion could not possibly suffer damages in that amount, let alone suffer such damages because of a single press outlet’s coverage of a story that was reported by media throughout the world,” Fox attorneys wrote. Documents produced in the lawsuit show that Dominion has not suffered any economic harm and do not indicate that it lost any customers as the result of Fox’s election coverage.
Superior Court Judge Eric Davis is scheduled to preside over a trial beginning in mid-April, but attorneys for both sides have asked him to grant summary judgment in their favor, which would remove the need for a jury trial that could stretch over five weeks. Attorneys for Fox News argue in their summary judgment brief that the network’s coverage and commentary are not defamatory.
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