Court filings: Fox hosts didn’t believe 2020 election fraud claims

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Court filings: Fox hosts didn’t believe 2020 election fraud claims
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A $1.6 billion defamation lawsuit against Fox News by Dominion Voting Systems over the network’s coverage of the 2020 presidential election is an assault on the First Amendment, attorneys for the cable news giant argued in a counterclaim unsealed Thursday.

WILMINGTON, Del. — Hosts at Fox News had serious concerns about allegations of voter fraud in the 2020 presidential election being made by guests who were allies of former President Donald Trump, according to court filings in a $1.6 billion defamation lawsuit against the network.

Carlson also referred to Powell in a text as an “unguided missile,” and “dangerous as hell.” Fellow host Laura Ingraham, meanwhile, told Carlson that Powell is “a complete nut. No one will work with her. Ditto with Rudy,” referring to former New York mayor and Trump supporter Rudy Giuliani. Attorneys for the cable news giant argued in a counterclaim unsealed Thursday that the lawsuit is an assault on the First Amendment. They said Dominion has advanced “novel defamation theories” and is seeking a “staggering” damage figure aimed at generating headlines, chilling protected speech and enriching Dominion’s private equity owner, Staple Street Capital Partners.

Fox attorneys say Dominion’s own public relations firm expressed skepticism in December 2020 as to whether the network’s coverage was defamatory. They also point to an email from Oct. 30, 2020, just days before the election, in which Dominion’s director of product strategy and security complained that the company’s products were “just riddled with bugs.”

“According to Dominion, FNN had a duty not to truthfully report the President’s allegations but to suppress them or denounce them as false,” Fox attorneys wrote. “Dominion is fundamentally mistaken. Freedom of speech and freedom of the press would be illusory if the prevailing side in a public controversy could sue the press for giving a forum to the losing side.”

In its 192-page brief, Dominion said the judge should rule in its favor because “no reasonable juror could find in Fox’s favor on each element of Dominion’s defamation claim.” Dominion attorneys also assert that no reasonable juror could find in favor of Fox’s “neutral reportage” and “fair report” defenses.

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