Fox News is in a 'world of hurt' and facing a 'gargantuan verdict' in billion dollar lawsuit
Reacting to reports that Fox News hosts were spreading 2020 election fraud conspiracies on-air while privately texting each other that there was no truth to them, a former high-ranking Department of Justice official claimed the conservative network can expect to lose big in the lawsuit filed against it by Dominion Voting Systems.
Speaking with MSNBC host Alex Witt, legal analyst Harry Litman stated the network won't have a leg to stand on as they attempt to fend off the billion-dollar lawsuit.
In short, he told the MSNBC host, Fox News is "in a world of hurt."
"When it comes to the burden in this case, it falls on Dominion to prove that Fox acted with actual malice when it claimed that Dominion's voting machines were designed to rig elections," host Witt prompted. "That burden is typically very difficult to meet, but how far does this filing go towards meeting it?"
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"Pretty far," Litman explained. "So actual malice is law-speak for they knew that they were purveying lies, or at least they were in reckless disregard of it. As you suggest, very rare to win that kind of lawsuit since the Supreme Court put that standard in place."
"Typically, in a defamation suit, you maybe have a rogue reporter or a negligent fact-checking system," he added.
Calling Fox a "rogue network" he added they were " ... just continuing to send stuff out that they knew was false and only for ratings. If a jury believes that, Fox is in a world of hurt."
Witt later asked, "I want to ask you to tell me about the law here. We know that it shields journalists from liability if they report or make false statements. However, not as I understand it, if they promote them. Does it seem like that is what is happening based on these messages. If that is true, will there be any repercussions for Fox News?"
"Without a doubt," Litman shot back. "Dominion is spoiling to get Fox's misconduct revealed."
"The Supreme Court has made clear, there is some value in reporters getting it wrong in a fast-moving news cycle etcetera," he continued. "There is zero value, social value, for any of us in knowing lies. And that is what they are accused of doing with unusually strong proof. They're looking at a gargantuan verdict or settlement and a huge reputational hit."
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