If the Fox lawsuit can't meet the standard for malicious defamation nothing can: Legal expert

The Dominion Voting Systems case against Fox is due to begin this week, and it's already been delayed to Tuesday instead of starting on Monday. It's unclear why, as the judge left a short message without much information.

Fox is using the excuse that the Supreme Court case New York Times Company v. Sullivan, also known as "the Sullivan ruling," protects them from litigation. MSNBC host Mehdi Hasan explained that it made cases like this very difficult to try and win.

"So, in my view, if this case does not satisfy the Sullivan standard of 'actual malice,' in other words, knowledge that the statement is false, or reckless disregard for the truth, and ignoring what would cause reasonable people to pause and find out — then, no case will ever meet the Sullivan standard," said George Washington University Law School Professor Catherine J. Ross.

In the past, even Donald Trump has argued that it's far too difficult to sue for libel and defamation because the "malice" standard is so high, and most people. Ironically, his favorite network is now wishing the standard was more complicated, not less.

"So, if we are passed a means of pursuing defamation against news organizations, if we consider Fox a news organization, and this case doesn't mean that we have nothing left in defamation of public figures, and matters of public interest," Ross continued. "This is an extraordinary case. We could not imagine facts like this, including those behind-the-scenes communications, because most people are a lot more careful about what they say. And one risk is media organizations like Fox, if there are any like Fox, will become more cautious in the dialogue between the courts and the people who need to be more careful. But right now, we have an extraordinary example, and I think there could not be a stronger case by Dominion."

Hasan noted that he only refers to the network as "Fox" and not with the "news" label "if that tells you anything."

See the conversation with media commentators and the legal analysis with Professor Ross below.

If the Fox lawsuit can't meet the standard for malicious defamation I don't know what can: lawyerwww.youtube.com