‘Finally’ Indeed

I hope you’re well-stocked with popcorn, because you’re going to need a lot of it. Dominion Voting Systems, opening its reply brief in support of its motion for a summary judgment against Fox “News” (PDF):

Finally. Fox has conceded what it knew all along. The charges Fox broadcast against Dominion are false. Fox does not spend a word of its brief arguing the truth of any accused statement. Fox has produced no evidence — none, zero — supporting those lies. This concession should come as no surprise. Discovery into Fox has proven that from the top of the organization to the bottom, Fox always knew the absurdity of the Dominion “stolen election” story. Now, having failed to put in any evidence to the contrary (because no such evidence exists), Fox has conceded the falsity of the Dominion allegations it broadcast.

That concession is no small thing. Thirty percent or more of Americans still believe the lie that the 2020 election was stolen. The heart of that lie remains the false conspiracy theory that Fox legitimized and mainstreamed starting on November 8 — that Dominion stole the election, using secret algorithms in its software originally designed for a Venezuelan dictator. Because of these lies, Dominion now may be “one of the most demonized brands in the United States or the world.” Dominion employees still endure threats and harassment. So it matters that Fox in private ridiculed — and never believed — the lie. And it matters that Fox has now in this litigation conceded these allegations were false.

Later:

Fox seeks a First Amendment license to knowingly spread lies. Fox would have this Court create an absolute legal immunity for knowingly spreading false allegations — lies — for profit, regardless of how absurd the lies are, regardless how many people in the chain of command know the lies are false, and regardless how many people are hurt — so long as the false claims are “newsworthy.” Fox proffers a completely made-up “rule,” contrary to decades of jurisprudence since New York Times v. Sullivan. As Judge Nichols ruled in rejecting MyPillow’s analogous argument that the First Amendment provides “blanket protection” from defamation for statements about a “‘public debate in a public forum,’” “there is no such immunity. Instead, the First Amendment safeguards our ‘profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open,’ by limiting viable defamation claims to provably false statements made with actual malice.”

★ Thursday, 9 March 2023