Key takeaways:
- Delaware judge appointed a special master to investigate Fox News’ handling of court-ordered discovery in the defamation lawsuit brought against the network by Dominion Voting Systems.
- Fox News is accused of promoting false claims about Dominion, including that its voting machines rigged the 2020 election.
- The trial is the first major defamation case against a media company to go to trial since the Supreme Court ruled in 1964 that media companies could not be held liable for publishing false information.
A Delaware judge has appointed a special master to investigate Fox News’ handling of court-ordered discovery in the defamation lawsuit brought against the network by Dominion Voting Systems.
The lawsuit, filed in 2021, alleges that Fox News repeatedly promoted false claims about Dominion, including that its voting machines rigged the 2020 election by flipping millions of ballots from Donald Trump to Joe Biden.
Delaware Superior Court Judge Eric Davis appointed Delaware litigator John Elzufon to investigate whether Fox had complied with its discovery obligations. The appointment came nearly a week after Davis sanctioned Fox News and its parent company, Fox Corp., for not turning over evidence in a timely fashion.
The trial began Tuesday morning with jurors being seated, but opening statements had yet to begin as of midafternoon. The trial is taking place at the Leonard Williams Justice Center in Wilmington, Delaware.
This is the first major defamation case against a media company to go to trial since the Supreme Court ruled in 1964 that media companies could not be held liable for publishing false information unless they acted with “actual malice.” It is expected to be closely watched by media companies and First Amendment advocates.
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