Dominion legal case vs Fox

[BeBMan]

CNN claims:

‘It’s a major blow’: Dominion has uncovered ‘smoking gun’ evidence in case against Fox News, legal experts say

Now CNN is certainly not a fan of Fox and even if we ignore their actual stance(s) on whatever poltics, they remain competitors in the media world.

With this in mind, is there a point in claiming FOX is in legal trouble, or will this turn out to be a nothingburger (I love the word nothingburger and always wanted to use it )?

[-Jrabbit]

According to at least 3 non-media legal analysts I read yesterday, the evidence presented in Dominion's court filing is significantly damning, specifically in the difficult area of proving actual malice.

[pchang]

The difficult part of such cases is proving they knew it was a lie and reported it anyway. The Dominion filings seem pretty damning to me.

[Dauphin]

Is actual malice the bar for overcoming free speech rights to spout as much bollocks and bile as one likes in this case?

I ask because I thought actual malice was a term associated with public figures not corporations.

[-Jrabbit]

Good question.

[N35t0r]

Corporations are people

[Dauphin]

But not yet public officials....despite the lobbyists.

[Dauphin]

Regular Joe doesn't need to prove actual malice in defamation cases. Senator Bob would.

(Ignoring the distinction between compensatory and punitive damages)

[Dauphin]

So are corporations more like Regular Joe, or Senator Bob. I assume Bob, but I don't know. Which is why i asked.

[pchang]

According to the BBC: “In order to prove defamation, lawyers for Dominion would have to successfully argue that Fox presented false information, and did so knowing that it was untrue.”

[Dauphin]

https://www.cbc.ca/news/world/fox-do...suit-1.6752030

The judge in the case has ruled that he will consider Dominion to be a public figure in the lawsuit.

I read a court filing, and Dominion's original filing said they would assume that higher standard of proof, in part because they had the evidence to meet it.

[Dauphin]

Seems Dominion won 787 million to nothing.

[pchang]

The stuff that came out in discovery and pre-trial filings was about as strong as it gets for showing malice or a reckless disregard for the truth. I'm surprised it took until the last minute for Fox to cave in.

[-Jrabbit]

Why isn't anyone ranting about how much this case supports their contention that the media is not to be trusted?

[pchang]

Or maybe just the right wing media. Anyway, I am wondering what the Smartmatic case will settle for. This may be why Rupert's latest wedding was called off. With these upcoming payments, he must have made his prenup conditions too harsh.

[BeBMan]

I thought Berz would be all over it already

[Dauphin]

https://www.bbc.com/news/world-us-canada-65350125

And Lindell has now lost 5 million to nothing. Not defamation but failure to payout on a 'prove me wrong' contract when the counterparty proved him wrong.