Fox News settled a major defamation lawsuit Tuesday for $787.5 million, according to the voting machine company that sued the major cable news network.
The settlement avoids a trial that could have shed additional light on former President Donald Trump’s campaign lies, revealed more about how the right-wing network operates and even redefined US defamation law. Here are some things you need to know about the case.
More about Fox, Dominion case
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THE CASE
Dominion Voting Systems sued Fox for $1.6 billion, alleging the news outlet repeatedly aired allegations that the company’s voting machines were rigged against Trump in 2020 while knowing the allegations were false. Fox claimed it was reporting on newsworthy allegations made by supporters of the Republican president. The network said it was legally backed by defamation standards.
The judge in the case announced that the two sides had settled the matter on Tuesday, just as opening arguments were scheduled to begin. Fox did not disclose terms of the settlement, but Dominion said the deal was for $787.5 million.
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ELECTORAL DISCONNECTION
Denver-based Dominion produced evidence that senior Fox figures did not believe the fraud allegations, even as the network gave airtime to Trump allies to repeat them. Several staffers texted and emailed in disbelief as Trump clung to increasingly tenuous claims of being robbed of voter fraud. Fox’s Sean Hannity said in a statement that he didn’t believe the fraud claims “for one second,” but wanted to give the accusers a chance to present evidence.
Fox founder Rupert Murdoch, under oath, agreed that the 2020 election, won by Democrat Joe Biden, was free and fair: “The election was not stolen,” he said. Murdoch even wrote on January 5, 2021 to a senior executive urging prominent Fox personalities to issue a statement recognizing Biden’s rightful victory. At the same time, Murdoch acknowledged that Fox hosts such as Lou Dobbs and Jeanine Pirro sometimes endorsed false claims of voter fraud.
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THE FEAR OF THE FOX
Court documents showed deep concern at Fox about the impact of the election night call that Biden had beaten Trump in the battleground state of Arizona, a call that was accurate. Fox picked up its rivals on the call, but it angered Trump and many Fox viewers, who expressed their anger and began tuning into rival conservative outlets like Newsmax. Emails and memos released in the case show Fox executives were keenly aware of a decline in their network’s audience at the same time Newsmax was gaining viewers, and executives viewed that dynamic as a potential threat .
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LIBEL LAW
In its defense, Fox relied on a defamation law doctrine that has been in place since a 1964 U.S. Supreme Court ruling. The doctrine has made it difficult for some plaintiffs to prove media defamation of communication Public figures, and Dominion meets that standard in this case, must prove not only that the reported information was incorrect, but that the news organization acted with “reckless disregard” as to whether or not it was true.
Some First Amendment advocates suggested the voting machine company had a strong case. But they worried that a protracted legal battle would give the Supreme Court a chance to change libel laws that would weaken protections for all media.
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JUDGE’S WRATH
The run-up to the trial was difficult for Fox, and not just because the public saw private chatter as primetime host Tucker Carlson said he “passionately” hated Trump. The trial judge has reprimanded the network for the 11 o’clock revelations about Murdoch’s role at Fox News and some evidence involving Fox Business anchor Maria Bartiromo, including tapes of her talking off-camera to the Trump’s lawyers.
Fox’s lawyers later apologized to the judge for the Murdoch matter, saying it was a misunderstanding that he did not intend to deceive. Fox, meanwhile, won some legal battles to limit what jurors could hear, including a ruling barring testimony about the January 6, 2021, U.S. Capitol uprising.
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TRUMP’S INTEREST
Trump took a keen interest in the case, judging by his social media posts. Always concerned about loyalty and harboring a grudge over the Arizona call, he expressed anger at revelations in the case that many people at Fox not only did not support his fraud allegations, but privately disparaged them. Trump stepped up his criticism of Fox as the 2024 Republican presidential race gained momentum, but granted recent interviews to Carlson and Hannity.
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THE CHOICE
Federal and state election officials, extensive reviews in several battleground states where Trump contested his loss, and Trump’s attorney general found no widespread fraud that could have changed the outcome of the 2020 election. Nor did they uncover any credible evidence that the vote was contaminated. Trump’s fraud allegations have also been roundly rejected by dozens of courts, including judges he appointed.
