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Will Fox News Win Its Legal War?

Yes, Tucker and Hannity’s texts look bad for Fox. But the nuances of the Dominion case are more complicated than the sensational headlines.

Delaware Supreme Court judge Eric Davis will have to determine whether Fox News host Maria Bartiromo’s comments about Dominion voting machines were a false assertion of fact or some sort of color commentary.
Delaware Supreme Court judge Eric Davis will have to determine whether Fox News host Maria Bartiromo’s comments about Dominion voting machines were a false assertion of fact or some sort of color commentary. Photo: Roy Rochlin/Getty Images
Eriq Gardner
February 20, 2023

In recent days, the media largely rendered its verdict that Fox News defamed American democracy by entertaining 2020 election lies that even Rupert Murdoch described as “really crazy stuff.” Indeed, the 192-page summary judgment brief (read here) in Dominion v. Fox News is filled with explosive communications between the network’s executives and top talent exchanging their private disgust and disbelief over some of the conspiracy theories that Sidney Powell and Rudy Giuliani, among other deplorables, were allowed to express on air.