‘AVOID THE TRUTH’

Judge Declines to Dismiss Dominion Defamation Suit Against Fox News

If the plaintiff offers ‘some direct evidence’ that the statement ‘was probably false,’ the Court can infer that the defendant ‘inten[ded] to avoid the truth,’” the judge wrote.

A judge in Delaware ruled Thursday that a defamation suit brought by Dominion Voting Systems against Fox News could proceed despite the defendant’s strenuous objections. The voting machine manufacturer is alleging that the cable news giant “recklessly disregarded the truth” when it "gave life to a manufactured storyline about election fraud that cast a then-little-known voting machine company called Dominion as the villain." The company is seeking $1.6 billion in damages.

The judge wrote, “If the plaintiff offers ‘some direct evidence’ that the statement ‘was probably false,’ the Court can infer that the defendant ‘inten[ded] to avoid the truth.’”

Fox News said in a statement, “Fox News, along with every single news organization across the country, vigorously covered the breaking news surrounding the unprecedented 2020 election, providing full context of every story with in-depth reporting and clear-cut analysis. We remain committed to defending against this baseless lawsuit and its all-out assault on the First Amendment.”