Landmark Fox News v Dominion defamation showdown begins

A hotly anticipated, $1.6bn (£1.29bn) defamation trial pitting a US voting technology firm against Fox News is set to begin on Tuesday afternoon.

Dominion Voting Systems claims that Fox News knowingly amplified lies about its voting machines during the 2020 presidential election.

Fox denies the charges and argues its reporting on Dominion was newsworthy.

Among those expected to testify during the six week trial are Fox chairman Rupert Murdoch and host Tucker Carlson.

Opening arguments are due to begin on Tuesday afternoon. Jury selection was finalised in the morning and jurors were given their instructions by the judge.

Fox News and Dominion appear ready for a prolonged legal battle.

“In the coming weeks, we will prove Fox spread lies causing enormous damage to Dominion,” a company spokesperson said in a statement.

“We look forward to trial.”

In a statement to the BBC on Monday, Fox described Dominion’s lawsuit as “a political crusade in search of a financial windfall”.

Ahead of the trial, attorneys for Fox repeatedly objected to the $1.6bn in damages that Dominion was seeking, and characterised the figure as massively inflated.

The “real cost” of the case, Fox said, would be the “cherished” rights to freedom of speech and of the press that form the First Amendment of the US constitution.

“Fox News remains steadfast in protecting the rights of a free press, given a verdict for Dominion and its private equity owners would have grave consequences for the entire journalism profession,” the statement added.

Dominion’s lawsuit argues that the conservative network sullied the electronic-voting company’s reputation by airing falsehoods about the 2020 vote being stolen from Donald Trump.

Legal findings released ahead of the trial suggested that a number of Fox executives and journalists privately questioned conspiracy claims the 2020 presidential election was stolen but still put them on air.

In one series of text messages, host Tucker Carlson said the claims were both “absurd” and “insane”, while another host, Sean Hannity, said privately he did not believe them “for one second”.

Fox has said the words were taken out of context.

Ahead of the trial, Judge Davis ruled that the baseless claims against Dominion had already been proven false.

Jurors will only have to determine whether Fox News demonstrated “actual malice” through its coverage of Dominion, whose voting machines were used in 28 US states during the election.

The long-awaited case is receiving wide attention in the US, where it is being seen as a test of the strength of US libel laws versus the right to free speech.

Hundreds of spectators and journalists were on hand for the beginning of the trial, with about 200 present in the courtroom. Several dozen journalists were also watching from a neighbouring overflow room.

Outside the courthouse, a small handful of protesters was also present. One man held a sign accusing Fox of colluding with the US Republican party to spread “fascist propaganda”.

“For too long, we’ve been in this awful post-truth era where you can just make up your own version of reality, which is what Fox does every night,” Bill, a 38-year-old scientist, told the BBC.

“That’s got to stop, and I hope that this court agrees with us,” he added.

The trial is expected to last six weeks, with Judge Davis vowing to keep the parties to a strict timetable.

(With additional reporting from Nathalie Jimenez)