Lawyers for Dominion and a group of media outlets are arguing that Fox News abused the redaction process and blacked out more than is warranted in the thousands of pages of legal filings and evidence made public in the defamation case its facing.
The new court filings call for the release of pages of evidence that Fox lawyers want to keep secret.
“Dominion’s position is that confidential treatment of these materials is not warranted under the good cause standard” defined in a case between Al Jazeera and AT&T, the voting machine company's lawyers wrote in their notice. In 2013, the judge in the caseThe media outlets argued in their court filing, also from Thursday, that Fox was claiming the redactions were meant to shield trade secrets. Journalistic processes, they outlets said, are well-known and taught.
The new court filings by Dominion and the media outlets suggest that the redactions may be concealing important evidence, said RonNell Andersen Jones, a professor at the University of Utah College of Law who specializes in the First Amendment. Dominion sought just six"substantive" redactions in the more than 900 exhibits of evidence attached to filings, the company’s lawyers said in Thursday’s filing. Those redactions included images of proprietary software, a web address to an internal customer support database and names covered by nondisclosure agreements under seal. The rest of the redactions were sought by Fox, they said.
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