Opinion by Erik Wemple: Whatever the judge’s decision, Fox News’s argument that competitors stand to benefit from the network’s journalistic practices signals a desperation to avoid an additional round of damaging disclosures.
Yet a motion that Fox News filed on Friday may outpace all the internal correspondence for sheer risibility. It argues that the Delaware court presiding over the case should maintain the confidentiality of discovery material already redacted by the network, shielding it from the public’s curious eyes. As anyone who has read through the Dominion filings can attest, swaths of black lines cover passage after passage in briefs and exhibits.
Behind Dominion’s claims lie pages and pages of evidence. In its brief opposing the unsealing of the redactions, Fox News deplores the volume. “The summary judgment record in this consolidated case consists of over 15,000 pages of cross-motion briefing, declarations, and documents,” it notes. “Over 12,000 of those — 80% — were filed by Dominion.
Last week, a group of media outlets — NPR, the New York Times and the Associated Press — filed a challenge to the redactions. A focus of their brief is Fox News’s attempt to protect materials falling under “proprietary journalistic process.
Judge Eric M. Davis is expected to rule on the redaction challenges — Dominion has also sought unsealing — in the coming days. A Fox News spokesperson issued a response: “Fox’s redactions are consistent with the law and court rulings.” Whatever the judge’s decision, Fox News’s argument that competitors stand to benefit from the network’s journalistic practices signals a desperation to avoid an additional round of damaging disclosures. At this point, it’s hard to say which is more severe — its legal predicament or its public relations predicament.
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