The Delaware judge overseeing a voting machine company’s $1.6 billion defamation lawsuit against Fox News says he is delaying the start of the trial until Tuesday. He did not cite a reason Sunday night.
. But Fox says many of those disbelievers were not in a position to decide when to air those allegations.If the case goes to trial, the jury will determine whether a powerful figure like Murdoch — who testified in a deposition that he didn't believe the election-fraud charges — had the influence to keep the accusations off the air.
Kirtley is concerned that the suit may eventually advance to the U.S. Supreme Court, which could use it as a pretext to weaken the actual malice standard that was set in a 1964 decision in New York Times Co. v. Sullivan. That, she feels, would be disastrous for journalists. Many experts are surprised Fox and Dominion have not reached an out-of-court settlement, though they can at any time. There's presumably a wide financial gulf. In court papers, Fox contends the $1.6 billion damages claim is a wild overestimate.
“The real potential danger is if Fox viewers get the sense that they’ve been lied to. There’s a real downside there," said Charlie Sykes, founder of the Bulwark website and an MSNBC contributor.
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