The courts denied that Fox News’ motion that its propagation of the 'Big Lie' was regular journalism protected under the first amendment.
The court held two hearings earlier this week to discuss the matter. In its summary judgment request, Fox News has tried to argue that its promotion of the big lie was just common journalist practice by discussing the election allegations coming from
Trump. The network further claimed its reporting was protected under the First Amendment, and that there’s precedent protecting news sites from allegations later proven false. On the flip side, Dominion argued Fox was actively promoting the big lie by publishing and promoting top election deniers.” in its speech, meaning it acted knowing the information was false or acting with reckless disregard to a statement’s truth. It’s an incredibly hard burden of proof for plaintiffs in defamation cases, though at least Dominion has a lot of ammunition to fire at Fox, mostly from hosts’ and guests’ own lips.
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