Colorado Politics

Fox News claims First Amendment protection in lawsuit by Denver’s Dominion Voting Systems

Fox News is hoping to bounce the defamation lawsuit filed by Denver-based Dominion Voting Systems on the grounds of constitutional free speech, the company told the courts Monday.

The news company says it was only reporting what others were saying about the presidential election.

While the news operation differed, the company’s top opinion personalities were chief purveyors of the conspiracy theories involving Dominion and others.

The motion to dismiss the lawsuit filed in Delaware Superior Court states: “A free press must be able to report both sides of a story involving claims striking at the core of our democracy-especially when those claims prompt numerous lawsuits, government investigations, and election recounts.

“When a sitting President of the United States and his legal team challenge a presidential election in litigation throughout the nation, the media can truthfully report and comment on those allegations under the First Amendment without fear of liability. Plaintiffs’ defamation lawsuit against Fox News threatens to stifle the media’s free-speech right to inform the public about newsworthy allegations of paramount public concern.”

Fox is one of several defendants, including former President Donald Trump’s legal team, facing lawsuits alleging they disregarded the truth that the November election was not stolen from the president. His supporters have alleged Dominion and others conspired with international interests to switch votes from Trump to the eventual winner, Joe Biden.

Fox is being sued individually for $1.6 billion, as Dominion claims its brand was damaged with false allegations that the news organization should have known about, given the dozens of court cases to overturn the election that were dismissed based on the lack of evidence.

Fox News and Fox Business Network walked back its allegations after Dominion informed them of the company’s intent to sue in December.

One of Fox Business’ most vocal Trump supporters and stolen-election promoters, Lou Dobbs, was canceled in February, but Fox Business said it was unrelated to Dominion.

“Dominion strongly supports free speech, but defamation for commercial gain is clearly not protected, and we intend to hold Fox accountable for its reckless disregard for the truth,” a spokeswoman for Dominion said in an email to Colorado Politics Wednesday morning. “This case will strengthen the First Amendment, not weaken it.”

Former Trump lawyer Sidney Powell, one of the lead accusers on Trump’s behalf, along with former New York City Mayor Rudy Giuliani, sought to have the $1.3 billion suit against her dismissed as political speech that no reasonable person took her claims at face value.

In court, the defendants will have to prove they reasonably believed their claims were true and not the product of malice, legal experts have said.

This story was updated to correct the name of Fox Business Network.

Fox Business Channel host Lou Dobbs spoke at the Conservative Political Action Conference n National Harbor, Maryland, on Feb. 27, 2015.
Photo by Gage Skidmore via Wikimedia Commons
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