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      Judge Delays Fox and Dominion Trial by a Day

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      Opening statements in the $1.6 billion defamation case against Fox News were set to begin on Monday.A Delaware judge on Monday said that he had delayed by a day the start of a highly anticipated defamation trial over the spread of misinformation in the 2020 presidential election.The postponement of the trial was the latest twist in the case. Late Sunday, Judge Eric M. Davis said the proceedings would continue on Tuesday. He did not give a reason then or in his brief remarks from the bench just after 9 a.m. on Monday.“This does not seem unusual to me,” Judge Davis said, explaining that he had rarely been part of a trial that did not have some kind of delay. “I am continuing the matter until tomorrow.”The case has opened an unprecedented window into the inner workings of the country’s leading conservative news network. In the run-up to trial, Fox has handed over tens of thousands of emails and text messages exchanged among its hosts, producers and executives. Many of them revealed that there was widespread doubt inside the network over former President Donald J. Trump’s false claims that he had been cheated of victory.The case is considered a landmark test of First Amendment protections for the press and has been closely watched by legal and media analysts. Dominion’s voting machines became the focus of pro-Trump conspiracy theories that wrongly implicated the company’s technology in a plot to flip votes from Mr. Trump to President Biden.On Monday, the courtroom was filled with reporters from around the world awaiting word on when they could expect to hear opening statements from both parties and exactly what the delay was about.Boldface names from Fox News — hosts including Tucker Carlson, Sean Hannity and Maria Bartiromo, along with Rupert Murdoch, whose family controls the sprawling Fox media empire — are expected to testify if the case goes to trial.Dominion Voting Systems, an elections technology company, filed the libel lawsuit against Fox in early 2021, claiming that Fox hosts and guests repeatedly uttered lies about its role in a fictitious plot to steal the election despite knowing the claims, which had been pushed by Mr. Trump and his supporters, were not true.Fox has said that it was reporting on newsworthy allegations involving a presidential election and insisted that its broadcasts were protected under the First Amendment as commentary and news. It has also challenged Dominion’s damages claim, arguing that the company vastly overvalued itself and has not suffered the blows to its business that it says.This is a breaking news story. Check back for updates. More

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      Judge Limits Fox’s Options for Defense in Dominion Trial

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      A Delaware judge said Fox News could not argue newsworthiness to defend airing false claims, and limited how Dominion Voting Systems could refer to the Jan. 6 attack.WILMINGTON, Del. — A judge ruled on Tuesday that Fox News could not argue that it broadcast false information about Dominion Voting Systems on the basis that the allegations were newsworthy, limiting a key line of defense for the network as it faces the beginning of a potentially costly defamation trial next week.The judge, Eric M. Davis of Delaware Superior Court, also ruled that Dominion could not refer to the Jan. 6, 2021, assault on the Capitol except in very narrow circumstances, saying he did not want jurors to be prejudiced by events that weren’t relevant to the central question in the case: Did Fox air wild claims about Dominion’s purported involvement in a conspiracy to steal the 2020 presidential election from Donald J. Trump knowing that they were lies?In the first of two days of pretrial hearings, Judge Davis set many of the parameters that will govern how the trial is run, including what kinds of arguments the 12-person jury can hear and what questions lawyers may ask during jury selection to weed out those they believe would not be impartial.The hearing covered matters large and seemingly small, from the application of the First Amendment to how jurors may take notes.Judge Davis said he would allow lawyers to ask potential jurors about their cable news viewing habits and whether they watched Fox News programs — or intentionally avoided them. He will not, however, permit questions about how someone voted.In another ruling, the judge denied a motion from Dominion that sought to limit how Fox lawyers could invoke the First Amendment, leaving the network with some space to argue that the Constitution shields it from liability.The lawsuit, in which Dominion is seeking $1.6 billion in damages, is teeing up a major test of the First Amendment and, depending on the outcome, could renew questions about whether defamation law adequately protects victims of misinformation campaigns.While legal experts have said Dominion’s case is unusually strong, defamation suits are extremely difficult to win because the law essentially requires proof of the defendants’ state of mind. Dominion’s burden will be to convince a jury that people inside Fox acted with actual malice, meaning either that they knew the allegations they broadcast were false but did so anyway, or that they acted so recklessly they overlooked facts that would have proved them wrong.Fox has argued that while it understood many of the claims made by its guests about Dominion were false, they were still worth covering as inherently newsworthy. Fox’s lawyers have taken the position that there is nothing more newsworthy than claims by a former president of the United States that an election wasn’t credible.Judge Eric M. Davis said he would allow lawyers to ask potential jurors about their cable news viewing habits and whether they watched Fox News programs.John Taggart for The New York TimesBut Judge Davis disagreed.“Just because someone is newsworthy doesn’t mean you can defame someone,” he said, referring to pro-Trump lawyers like Sidney Powell and Rudolph W. Giuliani, who appeared repeatedly on Fox News and Fox Business in the weeks after the 2020 election and linked Dominion to various conspiracy theories.The judge admonished Fox’s lawyers, saying they cannot make the argument that the false statements about Dominion came from guests like Ms. Powell and not from Fox hosts. That argument is irrelevant, he said, because the fact remains that Fox is responsible as the broadcaster.Sidney Powell and Rudolph W. Giuliani. The pro-Trump lawyers appeared repeatedly on Fox News and Fox Business in the weeks after the 2020 election and linked Dominion to various conspiracy theories.Jacquelyn Martin/Associated Press“It’s a publication issue, not a who-said-it issue,” he said.Dan K. Webb, a lawyer representing Fox, explained that hosts would testify that they weren’t certain about the truth of the allegations but covered them because the former president and his lawyers said they could prove them.“The hosts will say during that time period, 15, 20 days, they were careful not to repeat the allegation,” Mr. Webb said.Judge Davis responded, “Just because they say it, doesn’t mean it’s true.”It was not the only tense exchange between the judge and Fox lawyers on Tuesday. At one point, a lawyer for Dominion, Justin Nelson, informed Judge Davis that Fox had disclosed only within the last 48 hours that Rupert Murdoch, whose family controls the Fox media empire, had a larger role in Fox News than the company had initially let on.By not acknowledging the extent of Mr. Murdoch’s responsibility for Fox News, the personal communications of his that Dominion could review were “significantly more limited,” Mr. Nelson said.Judge Davis was not pleased. “This is a problem,” he said. “I need to feel comfortable that when you represent something to me that it’s true,” he added.Fox has also made the argument that its actions were not defamatory because many hosts and guests said on the air that there was a lack of convincing evidence that suggested widespread voter fraud.Judge Davis rejected this position, too.“You can’t absolve yourself of defamation by merely putting somebody on at another time to say something different,” he said.In asking for such a large settlement against Fox, Dominion has cited the death threats its employees have received. People have shown up outside its Denver headquarters armed and left voice mail messages threatening to blow up its offices.Judge Davis on Tuesday limited how Dominion can refer to those threats in front of jurors, ruling that it may not mention specific content. He said he did not want to leave jurors with the impression that Fox was responsible for the actions of third parties.The trial begins on Monday, with jury selection expected to wrap up by the end of this week.Before Tuesday, the judge had already ruled that Dominion could compel several high-profile Fox executives and hosts to testify in person, including Mr. Murdoch; Suzanne Scott, the chief executive of Fox News Media; and the Fox News personalities Tucker Carlson, Sean Hannity and Jeanine Pirro. More

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      Trump Supporter Convicted in 2016 Scheme to Suppress Votes for Clinton

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      The federal prosecution of Douglass Mackey turned on the question of when free speech turns into dirty tricks.Months before the 2016 presidential election, people intent on swaying the outcome were communicating in private Twitter groups with names like “War Room” and “Infowars Madman.”The participants included obscure figures and notorious online trolls, many of whom concealed their real identities. There were fans of Donald J. Trump and avowed haters of Hillary Clinton, all working toward a Republican victory while celebrating the “meme magic” they employed to circulate lies and attacks.According to federal prosecutors, one man, Douglass Mackey, crossed a line from political speech to criminal conduct when he posted images to Twitter that resembled campaign ads for Mrs. Clinton and falsely stated that people could vote simply by texting “Hillary” to a certain phone number.On Friday, after just over four days of deliberation, a jury in Brooklyn found Mr. Mackey guilty of conspiring to deprive others of their right to vote. He is scheduled to be sentenced in August and faces a maximum of 10 years in prison.Mr. Mackey, wearing a gray suit, white shirt and pink tie, was stoic as the verdict was read. His lawyer, Andrew J. Frisch, suggested that his client would appeal.“This case presents an unusual array of appellate issues that are exceptionally strong,” Mr. Frisch said, adding: “I’m confident about the way forward.”Breon Peace, the United States attorney in Brooklyn, said in a statement that by convicting Mr. Mackey the jury had rejected “his cynical attempt to use the constitutional right of free speech as a shield for his scheme to subvert the ballot box and suppress the vote.”Mr. Mackey posted one image showing a Black woman and a sign reading “African Americans for Hillary” a day after writing on Twitter about limiting turnout among Black voters. Another image, in Spanish, showed a woman looking at her phone.Both images, posted a week before the election, were accompanied by the hashtag #ImWithHer, which was used by the Clinton campaign. Both also included logos that looked like the campaign’s, and fine print saying they had been paid for by “Hillary for President.”Prosecutors said about 5,000 people sent texts to the number shown in the deceptive images.Mr. Mackey, 33, who grew up in Vermont, attended Middlebury College and once lived in Manhattan, testified in his own defense. He said he was in dozens of private online groups before the election but did not pay close attention to everything discussed in them.While testifying, Mr. Mackey said he found the vote-by-text images on an online message board and posted them with little thought. He added that he had not meant to trick anyone but wanted to “see what happens.”“Maybe even the media will pick it up, the Clinton campaign,” he testified, adding that the images might “rile them up, get under their skin, get them off their message that they wanted to push.”Mr. Mackey was seen, according to evidence, as someone who could marshal followers and move the national conversation. He used the pseudonym “Ricky Vaughn,” the name of a character in the movie “Major League.”In early 2016, the Ricky Vaughn account was included on a list of the top 150 election influencers compiled by a research group with the M.I.T. Media Lab, ranking ahead of NBC News, Drudge Report and Glenn Beck.As Mr. Mackey’s trial approached, people sympathetic to him claimed that he was being prosecuted unfairly. The defense sought to have his case dismissed, saying that the voting memes were protected by the First Amendment. But a judge denied that request, writing that the case was about conspiracy and injury, not speech.The star prosecution witness, a Twitter user known as Microchip, helped direct online attacks against Mrs. Clinton in 2016, but began cooperating with the F.B.I. two years later. He testified that the private groups that he and Mr. Mackey took part in had the goal of “destroying Hillary Clinton.”Communications from the groups provided a glimpse into a shadowy world of crass motives and dirty tricks in which anti-Clinton activists developed propaganda, spread falsehoods and exulted in their impact.Evidence showed that participants had shared memes about voting by social media, tried to figure out what font a Clinton ad used and circulated hashtags. One, #DraftOurDaughters, was posted on Twitter along with images suggesting that Mrs. Clinton would start wars and conscript women to fight them. Mr. Mackey advanced another, #NeverVote, that he wrote was meant to be spread in “Black social spaces.”During the trial, Mr. Frisch described his client’s posts as part of a rambunctious online discourse.“Speech regulates itself,” Mr. Frisch told jurors in his summation. “These memes were a bad idea and the marketplace of ideas killed them almost immediately.”Prosecutors countered that the false-voting images were part of an orchestrated effort to affect the election through deceit, adding that criminal activity cannot hide behind the First Amendment.“You can’t use speech to trick people out of their sacred right to vote,” one prosecutor, William J. Gullotta, told jurors.Prosecutors drew upon statements by Mr. Mackey, who wrote that the 2016 election was on “a knife’s edge,” to argue that he had tried to help Mr. Trump by suppressing votes.“Trump should write off the Black vote,” Mr. Mackey wrote at one point. “And just focus on depressing their turnout.” More

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      Murdoch Acknowledges Fox News Hosts Endorsed Election Fraud Falsehoods

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      Rupert Murdoch, the conservative media mogul, spoke under oath last month in a $1.6 billion defamation lawsuit against Fox by Dominion Voting Systems.Rupert Murdoch, chairman of the conservative media empire that owns Fox News, acknowledged in a deposition that several hosts for his networks promoted the false narrative that the 2020 election was stolen from former President Donald J. Trump, and that he could have stopped them but didn’t, court documents released on Monday showed.“They endorsed,” Mr. Murdoch said under oath in response to direct questions about the Fox hosts Sean Hannity, Jeanine Pirro, Lou Dobbs and Maria Bartiromo, according to a legal filing by Dominion Voting Systems. “I would have liked us to be stronger in denouncing it in hindsight,” he added, while also disclosing that he was always dubious of Mr. Trump’s claims of widespread voter fraud.Asked whether he doubted Mr. Trump, Mr. Murdoch responded: “Yes. I mean, we thought everything was on the up-and-up.” At the same time, he rejected the accusation that Fox News as a whole had endorsed the stolen election narrative. “Not Fox,” he said. “No. Not Fox.”Mr. Murdoch’s remarks, which he made last month as part of Dominion’s $1.6 billion defamation lawsuit against Fox, added to the evidence that Dominion has accumulated as it tries to prove its central allegation: The people running the country’s most popular news network knew Mr. Trump’s claims of voter fraud in the 2020 election were false but broadcast them anyway in a reckless pursuit of ratings and profit.Proof to that effect would help Dominion clear the high legal bar set by the Supreme Court for defamation cases. To prevail, Dominion must show not only that Fox broadcast false information, but that it did so knowingly. A judge in Delaware state court has scheduled a monthlong trial beginning in April.The new documents and a similar batch released this month provide a dramatic account from inside the network, depicting a frantic scramble as Fox tried to woo back its large conservative audience after ratings collapsed in the wake of Mr. Trump’s loss. Fox had been the first network to call Arizona for Joseph R. Biden on election night — essentially declaring him the next president. When Mr. Trump refused to concede and started attacking Fox as disloyal and dishonest, viewers began to change the channel.The filings also revealed that top executives and on-air hosts had reacted with incredulity bordering on contempt to various fictitious allegations about Dominion. These included unsubstantiated rumors — repeatedly uttered by guests and hosts of Fox programs — that its voting machines could run a secret algorithm that switched votes from one candidate to another, and that the company was founded in Venezuela to help that country’s longtime leader, Hugo Chávez, fix elections.Read What Murdoch Said in His Deposition in the Fox-Dominion CaseRupert Murdoch made his remarks last month as part of the $1.6 billion defamation lawsuit against Fox News by Dominion Voting Systems.Read DocumentDespite those misgivings, little changed about the content on shows like Mr. Dobbs’s and Ms. Bartiromo’s. For weeks after the election, viewers of Fox News and Fox Business heard a far different story from the one that Fox executives privately conceded was real.Lawyers for Fox News, which filed a response to Dominion in court on Monday, argued that its commentary and reporting after the election did not amount to defamation because its hosts had not endorsed the falsehoods about Dominion, even if Mr. Murdoch stated otherwise in his deposition. As such, the network’s lawyers argued, Fox’s coverage was protected under the First Amendment.Fox News v. Dominion Voter SystemsA $1.6 Billion Suit: A defamation lawsuit by the voting machine maker Dominion seeks to hold Fox News responsible for false claims after the 2020 election. Here’s what to know about the case so far.Rupert Murdoch’s Deposition: The conservative media mogul acknowledged under oath that several Fox hosts promoted the false narrative that the election was stolen. Read his deposition.Privately Expressing Disbelief: Dozens of text messages released in the lawsuit show how Fox hosts went from privately criticizing election fraud claims to giving them significant airtime.“Far from reporting the allegations as true, hosts informed their audiences at every turn that the allegations were just allegations that would need to be proven in court in short order if they were going to impact the outcome of the election,” Fox lawyers said in their filing. “And to the extent some hosts commented on the allegations, that commentary is independently protected opinion.”A Fox News spokeswoman said on Monday in response to the filing that Dominion’s case “has always been more about what will generate headlines than what can withstand legal scrutiny.” She added that the company had taken “an extreme, unsupported view of defamation law that would prevent journalists from basic reporting.”In certain instances, Fox hosts did present the allegations as unproven and offered their opinions. And Fox lawyers have pointed to exchanges on the air when hosts challenged these claims and pressed Mr. Trump’s lawyers Sidney Powell and Rudolph W. Giuliani to present evidence that never materialized.But the case is also likely to revolve around questions about what people with the power to shape Fox’s on-air content knew about the validity of the fraud allegations as they gave pro-Trump election deniers a platform — often in front of hosts who mustered no pushback.“There appears to be a pretty good argument that Fox endorsed the accuracy of what was being said,” said Lee Levine, a veteran First Amendment lawyer who has defended major media organizations in defamation cases. He added that Fox’s arguments were stronger against some of Dominion’s claims than others. But based on what he has seen of the case so far, Mr. Levine said, “I’d much rather be in Dominion’s shoes than Fox’s right now.”Dominion’s filing casts Mr. Murdoch as a chairman who was both deeply engaged with his senior leadership about coverage of the election and operating at somewhat of a remove, unwilling to interfere. Asked by Dominion’s lawyer, Justin Nelson, whether he could have ordered Fox News to keep Trump lawyers like Ms. Powell and Mr. Giuliani off the air, Mr. Murdoch responded: “I could have. But I didn’t.”The document also described how Paul D. Ryan, a former Republican speaker of the House and current member of the Fox Corporation board of directors, said in his deposition that he had implored Mr. Murdoch and his son Lachlan, the chief executive officer, “that Fox News should not be spreading conspiracy theories.” Mr. Ryan suggested instead that the network pivot and “move on from Donald Trump and stop spouting election lies.”There was some discussion at the highest levels of the company about how to make that pivot, Dominion said.On Jan. 5, 2021, the day before the attack at the Capitol, Mr. Murdoch and Suzanne Scott, the chief executive of Fox News Media, talked about whether Mr. Hannity and his fellow prime-time hosts, Tucker Carlson and Laura Ingraham, should make it clear to viewers that Mr. Biden had won the election. Mr. Murdoch said in his deposition that he had hoped such a statement “would go a long way to stop the Trump myth that the election was stolen.”According to the filing, Ms. Scott said of the hosts, “Privately they are all there,” but “we need to be careful about using the shows and pissing off the viewers.” No statement of that kind was made on the air.Dominion details the close relationship that Fox hosts and executives enjoyed with senior Republican Party officials and members of the Trump inner circle, revealing how at times Fox was shaping the very story it was covering. It describes how Mr. Murdoch placed a call to the Republican leader of the Senate, Mitch McConnell, immediately after the election. In his deposition, Mr. Murdoch testified that during that call he likely urged Mr. McConnell to “ask other senior Republicans to refuse to endorse Mr. Trump’s conspiracy theories and baseless claims of fraud.”Dominion also describes how Mr. Murdoch provided Mr. Trump’s son-in-law and senior adviser, Jared Kushner, with confidential information about ads that the Biden campaign would be running on Fox.At one point, Dominion’s lawyers accuse Ms. Pirro, who hosted a Saturday evening talk show, of “laundering her own conspiracy theories through Powell.” The filing goes on to say Ms. Pirro bragged to her friends “that she was the source for Powell’s claims.” Dominion notes that this was “something she never shared with her audience.”The filing on Monday included a deposition by Viet Dinh, Fox Corporation’s chief legal officer, who was one of the many senior executive cautioning about the content of Fox’s coverage. After Mr. Hannity told his audience on Nov. 5, 2020, that it would be “impossible to ever know the true, fair, accurate election results,” Mr. Dinh told a group of senior executives including Lachlan Murdoch and Ms. Scott: “Hannity is getting awfully close to the line with his commentary and guests tonight.”When asked in his deposition if Fox executives had an obligation to stop hosts of shows from broadcasting lies, Mr. Dinh said: “Yes, to prevent and correct known falsehoods.”In their filing on Monday, Fox’s lawyers accused Dominion of cherry-picking evidence that some at Fox News knew the allegations against Dominion were not true and, therefore, acted out of actual malice, the legal standard required to prove defamation. “The vast majority of Dominion’s evidence comes from individuals who had zero responsibility for the statements Dominion challenges,” the lawyers said. More

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      Can Ron DeSantis Avoid Meeting the Press?

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      The Florida governor easily won re-election despite little engagement with mainstream news outlets, another sign of partisan division ahead of the 2024 presidential race.Assigned to cover the re-election campaign of Gov. Ron DeSantis of Florida, Miles Cohen, a young ABC News reporter, found himself stymied. The governor would not grant him an interview. Aides barred him from some campaign events and interrupted his conversations with supporters.When Mr. Cohen was finally able to ask a question about the governor’s handling of Hurricane Ian, Mr. DeSantis shouted him down — “Stop, stop, stop” — and scolded the media for “trying to cast aspersions.” The DeSantis campaign then taunted Mr. Cohen on Twitter, prompting a torrent of online vitriol.So on election night, Mr. Cohen decamped to a friendlier environment for the news media: Mar-a-Lago, where former President Donald J. Trump greeted reporters by name. “He came up to us, asked how the sandwiches were and took 20 questions,” Mr. Cohen recalled.Mr. Trump, who heckled the “fake news” in his speech that evening, elevated media-bashing into a high art for Republicans. But ahead of the next presidential race, potential candidates like Mr. DeSantis are taking a more radical approach: not just attacking nonpartisan news outlets, but ignoring them altogether.Although he courted right-wing podcasters and conservative Fox News hosts, Mr. DeSantis did not grant an extensive interview to a national nonpartisan news organization during his 2022 re-election bid — and he coasted to victory, with Rupert Murdoch’s media empire now promoting him as a 2024 contender.Assigned to cover the re-election campaign of Mr. DeSantis, Miles Cohen, a young ABC News reporter, found himself stymied.Karsten Moran for The New York TimesHis success is an ominous sign for the usual rules of engagement between politicians and the press as another nationwide election looms. Presidential candidates typically endure media scrutiny in exchange for the megaphone and influence of mainstream outlets. But in an intensely partisan, choose-your-own-news era, the traditional calculus may have shifted.“The old way of looking at it is: ‘I have to do every media hit that I possibly can, from as broad a political spectrum as I can, to reach as many people as possible,’” said Nick Iarossi, a longtime DeSantis supporter and a lobbyist in Tallahassee. “The new way of looking at it is: ‘I really don’t need to do that anymore. I can control how I want to message to voters through the mediums I choose.’”In 2022, Mr. DeSantis was not alone. Doug Mastriano, the Republican who ran for governor in Pennsylvania, engaged almost entirely with conservative media outlets. (Unlike Mr. DeSantis, Mr. Mastriano lost badly.) In Maryland and Wisconsin, reporters covering the Republican candidates for governor were often given no notice for some events, resorting to Eventbrite pages and social media to find a candidate’s whereabouts. On a national level, the Republican Party announced last year that it was boycotting the Commission on Presidential Debates, the nonpartisan group that has organized general election debates since 1988.“We fully expect candidates will be rewriting the traditional rules of access and how they interact with journalists,” said Rick Klein, who is preparing to cover the 2024 race as political director at ABC News.Gov. Ron DeSantis and His AdministrationReshaping Florida: Gov. Ron DeSantis, a Republican, has turned the swing state into a right-wing laboratory by leaning into cultural battles.2024 Speculation: Mr. DeSantis opened his second term as Florida’s governor with a speech that subtly signaled his long-rumored ambitions for the White House.Latino Evangelicals: The governor has courted Hispanic evangelical Christians assiduously as his national profile has risen. They could be a decisive constituency in a possible showdown with former President Donald J. Trump in 2024.A Democrat’s View: Jared Moskowitz worked closely with Mr. DeSantis as his emergency management czar. Now, he’s joining Congress positioning himself as a centrist.Could a presidential candidate realistically avoid the mainstream media entirely? “I don’t think it’s been done before,” Mr. Klein said. “But I think the last couple of years in politics has taught us there’s lots of rules that get broken.”Mr. DeSantis’s strategy would face its biggest test if he pursued a presidential bid, a decision he has so far demurred on.In Florida, Mr. DeSantis occasionally spoke with local TV affiliates and entertained shouted-out questions from the state’s press corps. But a national contest would require him to introduce himself to a broader audience, and while a primary race would focus on Republican voters, it is often independents and centrists who decide the fine margins of the Electoral College. Although partisan podcasts and niche news sites are increasingly popular, few outlets can match the reach of traditional broadcast and cable networks.“You can’t just talk to the friendly press and run TV ads and expect to win a nomination,” said Alex Conant, a partner at the consulting firm Firehouse Strategies who served as communications director to Senator Marco Rubio of Florida.“If you’re going to get elected president, you have to talk to people who have never watched Fox News,” said Mr. Conant, who believes the Republican Party’s underwhelming performance in the 2022 midterms was partly due to an overreliance on speaking only to its base.Representatives of Mr. DeSantis did not return a request for comment.Mr. Trump pioneered some of these aggressive tactics, barring journalists from a number of publications, including BuzzFeed News and The Washington Post, from attending some rallies in his 2016 campaign, and pulling out of a planned general-election debate in October 2020. His administration revoked a CNN reporter’s press pass and barred disfavored journalists from some public events; his former chief strategist, Stephen K. Bannon, declared the media as “the opposition party.”Still, Mr. Trump remained an enthusiastic participant in the “boys on the bus” tradition of campaign reporting that dates back decades, where political journalists crisscross the country in proximity to the candidates they cover.These so-called embed reporters often became the experts on America’s future leaders, granting readers and viewers a front-row seat. Arguably, candidates benefited, too: Although they had to cope with a dedicated press corps, the scrutiny offered preparation for the slings and arrows of holding national office, not to mention free advertising to constituents.A White House staff member reached for the microphone of CNN’s Jim Acosta as he questioned President Donald J. Trump at a news conference in November 2018.Jonathan Ernst/ReutersMr. DeSantis, a Yale and Harvard graduate who often assails what he calls the “Acela media,” has spent years working to upend those assumptions.Florida reporters have complained about a lack of access to Mr. DeSantis since he was elected governor in 2018, a victory fueled in part by dozens of appearances on Fox News. His anti-media hostility intensified during the pandemic, when he faced criticism for reopening Florida early; in March 2020, a staff writer for The Miami Herald was barred from a news conference about the virus.In 2021, he held a lengthy news conference in April denying a claim by “60 Minutes” that he improperly rewarded a campaign donor; the “60 Minutes” segment received some pushback from press critics. The next month, the governor blocked every outlet except Fox News from attending a signing ceremony for a state law, prompting one local TV reporter to complain that Floridians “had their eyes and ears in that room cut off.”By the summer, many news outlets were prohibited from attending a gathering of Florida Republicans, while conservative writers and podcasters were granted access. “We in the state of Florida are not going to allow legacy media outlets to be involved in our primaries,” Mr. DeSantis told a cheering crowd. His communications director, Lindsey Curnutte, later mocked reporters in a Twitter post aimed at “fake news journalists,” asking, “How’s the view from outside security?”Mr. DeSantis has integrated this messaging into his campaign materials. In one recent ad, he donned aviator sunglasses and a flight uniform to pose as the “Top Gov,” intent on “dogfighting” the “corporate media.”A top DeSantis communications aide, Christina Pushaw, has articulated the governor’s view of the news media in harsh terms. “They hate you, they hate us, they hate everything that we stand for, and I believe they hate this country,” she said in a speech in September, referring to the media.Mr. DeSantis in a promotional video where he talks about “taking on the corporate media.”Ron DeSantisIn 2021, Ms. Pushaw’s Twitter account was suspended after she criticized a report by The Associated Press and urged her followers to “drag them.” Ms. Pushaw, then serving as the governor’s press secretary, wrote that she would put the A.P. reporter “on blast” if he did not modify the story; the reporter later received online threats.The A.P. complained about “a direct effort to activate an online mob to attack a journalist for doing his job.” Ms. Pushaw responded that “drag them” was a slang term and did not amount to inciting a violent threat.The incident prompted an outcry. “As someone who believes in the role of press in an open society, I found it unbelievable, not only what she was allowed to do, but encouraged to do,” said Barbara Petersen, a longtime First Amendment advocate who runs the Florida Center for Government Accountability. “I find it very disturbing, frankly, that this man, who is our governor, won’t talk to the people whose job it is to keep us informed.”In December, the news outlet Semafor reported on Mr. DeSantis’s preference for local right-wing news outlets. The governor’s team pushed back, comparing reporters to “Democrat activists,” and high-profile conservatives offered encouragement.“In an environment where corporate media are just straight up anti-G.O.P. propagandists — and extremely proud of it — why is Ron DeSantis the only person taking it seriously?” wrote Mollie Hemingway, editor of The Federalist.Whether Mr. DeSantis can keep up his approach to media remains unclear. Mr. Trump may have mastered Twitter, but it was his ubiquity on big outlets like CNN and MSNBC that solidified his electoral appeal.Even an anti-media message, it turns out, may need the media’s help.“Going back to 2016, Trump was at his most effective when he was anti-media but would nevertheless talk to anybody,” said Mr. Conant, the former Rubio aide. “He was getting his message out on CNN and MSNBC every day, even though part of his message was that the media is terrible.”Patricia Mazzei More

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      How the Right Became the Left and the Left Became the Right

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      One of the master keys to understanding our era is seeing all the ways in which conservatives and progressives have traded attitudes and impulses. The populist right’s attitude toward American institutions has the flavor of the 1970s — skeptical, pessimistic, paranoid — while the mainstream, MSNBC-watching left has a strange new respect for the F.B.I. and C.I.A. The online right likes transgression for its own sake, while cultural progressivism dabbles in censorship and worries that the First Amendment goes too far. Trumpian conservatism flirts with postmodernism and channels Michel Foucault; its progressive rivals are institutionalist, moralistic, confident in official narratives and establishment credentials.These reversals are especially evident in a pair of prominent headlines from the last week. If you had been told at any point from, say, 1970 to 2005 that a disturbed-seeming man living in the Bay Area with a history of involvement with nudist activists and the hemp jewelry trade had allegedly followed his paranoid political delusions into a plan to assault an important national politician, the reasonable assumption would have been that his delusions belonged to the farthest reaches of the left and therefore his target was probably some notable Republican.By the same token, if you had been told in George W. Bush’s presidency that a trove of government documents would reveal the Department of Homeland Security essentially trying to collude with major corporations to regulate speech it considers dangerous or subversive, an effort extending from foreign threats to domestic ones, you would have assumed that this was all Republican overreach, a new McCarthyism — and that progressives would be up in arms against it.In our world, though, things are otherwise. The man who allegedly attacked Paul Pelosi while hunting the speaker of the House did, seemingly, belong to left-wing, Left Coast culture in the not-so-distant past. But at some point in his unhappy trajectory, he passed over to the paranoias of the extreme right — probably not in some semi-rational radicalization process in which he watched too many attack ads against Nancy Pelosi but more likely in a dreamlike way, the nightmares of QAnon matching his mental state better‌ than the paranoias of the left.His journey’s violent endpoint was singular and extreme, but this kind of left-to-right migration has more normal correlatives: the New Age-QAnon overlap, the Covid-era migration of formerly left-wing skeptics of Big Pharma onto right-wing shows and platforms, the way that all doubts about the medical establishment are now coded as right-wing, Trumpy, populist.And the political right’s response to the Pelosi attack reflects these shifts as well. The ethos of Fox Mulder in “The X-Files,” “Trust no one,” is a now dominant value on the right, which in this case encouraged a swift leap from reasonable questions about the details of the assault, based on inaccurate initial reports, to a very specific narrative about a gay assignation that the cops and the Pelosis were presumably covering up.As of this writing, several public references to this theory from prominent conservatives have been deleted. But the cover-up narrative will probably survive indefinitely as a reference point, an underground “truth,” like the left-wing conspiracies of old.One of those deleted tweets belonged to Elon Musk, the new impresario of Twitter, and it inevitably became an exhibit in the case for liberal panic over his takeover: What could be more indicative of the platform’s imminent descent into a democracy-destroying hellscape than conspiracy theories spread by the Chief Twit himself?But the alternative to Musk’s reign was clarified by the second recent illustration of our left-right reversal: a story from The Intercept, by Lee Fang and Ken Klippenstein, detailing the Department of Homeland Security’s migration into the social-media surveillance and the pressure the department has tried to exert on internet companies to flag and censor content along lines favored by the national security bureaucracy.On the surface, this is not a partisan story: The Intercept is a left-wing publication, and the current version of the D.H.S. anti-disinformation effort got started in the Trump administration.But everyone understands those efforts’ current ideological valence. The war on disinformation is a crucial Democratic cause, the key lawsuit filed against the Biden administration on these issues comes from Republican attorneys general (joined by doctors critical of the public-health establishment), and the most famous flashpoint remains the social-media censorship of the Hunter Biden laptop story, which Fang and Klippenstein suggest followed from what one could reasonably call a deep-state pressure campaign.Meanwhile, according to a draft report from the D.H.S. obtained by The Intercept, the list of online subject areas that the department is particularly concerned about includes “the origins of the Covid-19 pandemic and the efficacy of Covid-19 vaccines, racial justice, U.S. withdrawal from Afghanistan and the nature of U.S. support to Ukraine” — mostly areas where, whether in wisdom or in folly, the populist right is more likely to dissent from the establishment position.And for the future of Twitter, in particular, it’s notable that the Intercept story first points out that a committee advising DHS on disinformation policy included Twitter’s then-head of legal policy, trust and safety, Vijaya Gadde, and then notes that Gadde was one of the first people fired by Musk. It’s a tacit nod to the left-right switch: Under Musk the social-media giant is widely seen as moving “rightward,” but that could mean becoming less entangled with an arm of what was once George W. Bush’s national security state.The point of emphasizing this reversal isn’t to suggest that either side is likely to flip back. The evolving attitudes of right and left reflect their evolving positions in American society, with cultural liberalism much more dominant in elite institutions than it was a generation ago and conservatism increasingly disreputable, representing downscale constituencies and outsider ideas.But a stronger awareness of the flip might be helpful in tempering the temptations that afflict both sides. For progressives, that could mean acknowledging that the Department of Homeland Security’s disinformation wars, its attempted hand-in-glove with the great powers of Silicon Valley, would have been regarded as a dystopian scenario on their side not so long ago. So is it really any less dystopian if the targets are Trumpistas and Anthony Fauci critics instead of Iraq War protesters? And if it is a little creepy and censorious and un-American, doesn’t that make some of the paranoia evident on the right these days a little less unfathomable and fascist seeming, even a little more relatable?Then the Fox Mulder right might benefit from recalling the thing that conservatives — or this conservative, at least — used to find most insufferable about the anti-establishment left, which was not its skepticism but its credulity, not the eagerness to question official narratives but the speed with which implausible alternatives took root. (If parts of Oliver Stone’s “J.F.K.” make you understand where conspiracy theories come from, the part where the conspiracy gets “explained” should make you a Nixon Republican.)This is the key problem with the right today, whether the issue is the 2020 election or the Covid-vaccine debate or the attack on Paul Pelosi. Not the baseline of skepticism, not being attuned to weaknesses and inconsistencies in official narratives, not being open to scenarios of elite self-dealing and conspiracy and cover-up, all of which emphatically exist. It’s the swift replacement of skepticism with certainty, the shopping around for any narrative — even if it comes from Sidney Powell and Mike Lindell — to vindicate your initial theory, the refusal to accept that even institutions you reasonably mistrust sometimes get things right.Or to put this in terms of Musk and his hopes for Twitter: The ideal virtual town square would be a place where conservatives could discuss speculative, even conspiratorial theories of the day’s events — but also a place where they could be persuaded to abandon bad theories when the evidence dissolves them.Social-media and tribal incentives being what they are, that seems exceedingly unlikely. But if I had just paid billions to own a social media platform — and become both its main character and arguably the most important right-leaning figure in American life, pending the Donald Trump-Ron De‌ ‌Santis slugfest — I would be thinking about what it would take for a spirit of contrarianism and rebellion to aim, not simply at transgression, but at truth itself.In addition to my two weekly columns, I’m starting a newsletter, which will go out most Fridays and cover some of my usual obsessions — political ideas, religion, pop culture, decadence — in even more detail. You can subscribe here.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow the New York Times Opinion section on Facebook, Twitter (@NYTOpinion) and Instagram. More

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      Alito Says Leak of Ruling Overturning Roe Put Justices’ Lives at Risk

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      The leak of a draft opinion, he said, “gave people a rational reason to think” the eventual decision could be prevented “by killing one of us.”WASHINGTON — The leak of his draft majority opinion overruling Roe v. Wade put the Supreme Court justices in the majority at risk of assassination, Justice Samuel A. Alito Jr. said during wide-ranging remarks in a public interview on Tuesday at the Heritage Foundation, a conservative legal group.“It was a grave betrayal of trust by somebody,” he said. “It was a shock, because nothing like that had happened in the past. It certainly changed the atmosphere at the court for the remainder of last term.”“The leak also made those of us who were thought to be in the majority in support of overruling Roe and Casey targets for assassination because it gave people a rational reason to think they could prevent that from happening by killing one of us,” Justice Alito said.He said the idea was hardly fanciful, noting an attempt on the life of Justice Brett M. Kavanaugh. A California man armed with a pistol, a knife and other weapons was arrested in June near Justice Kavanaugh’s Maryland home and charged with attempted murder. Among other things, the man said he was upset with the leaked draft suggesting the court would overturn Roe, the police have said.The leaked draft was published by Politico in early May, while the decision itself was issued in late June. The decision, Dobbs v. Jackson Women’s Health Organization, overruled Roe v. Wade, the 1973 decision that had established a constitutional right to abortion, and Planned Parenthood v. Casey, the 1992 decision that reaffirmed Roe’s core holding.Understand the Supreme Court’s New TermCard 1 of 6A race to the right. More

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      Sean Hannity and Other Fox Stars Face Depositions in Defamation Suit

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      The depositions are one of the clearest indications yet of how aggressively Dominion Voting Systems is moving forward with its suit against the media company.Some of the biggest names at Fox News have been questioned, or are scheduled to be questioned in the coming days, by lawyers representing Dominion Voting Systems in its $1.6 billion defamation suit against the network, as the election technology company presses ahead with a case that First Amendment scholars say is extraordinary in its scope and significance.Sean Hannity became the latest Fox star to be called for a deposition by Dominion’s legal team, according to a new filing in Delaware Superior Court. He is scheduled to appear on Wednesday.Tucker Carlson is set to face questioning on Friday. Lou Dobbs, whose Fox Business show was canceled last year, is scheduled to appear on Tuesday. Others who have been deposed recently include Jeanine Pirro, Steve Doocy and a number of high-level Fox producers, court records show.People with knowledge of the case, who would speak only anonymously, said they expected that the chief executive of Fox News Media, Suzanne Scott, could be one of the next to be deposed, along with the president of Fox News, Jay Wallace. Rupert and Lachlan Murdoch, whose family owns Fox, could follow in the coming weeks.The depositions are among the clearest indications yet of how aggressively Dominion is moving forward with its suit, which is set to go to trial early next year, and of the legal pressure building on the nation’s most powerful conservative media company. There have been no moves from either side to discuss a possible settlement, people with knowledge of the case have said.More Coverage of Fox News‘American Nationalist’: Tucker Carlson stoked white fear to conquer cable news. In the process, the TV host transformed Fox News and became former President Donald J. Trump’s heir.Empire of Influence: ​​A Times investigation looked at how the Murdochs, the family behind a global media empire that includes Fox News, have destabilized democracy on three continents.Defamation Case: ​​Legal scholars say that the $1.6 billion lawsuit filed by Dominion Voting Systems against the network could be one of the most consequential First Amendment cases in a generation.How Russia Uses Fox News: The network has appeared in Russian media as a way to bolster the Kremlin’s narrative about the Ukraine war.It is common for large media companies like Fox to settle such cases well before they reach the point where journalists or senior executives are forced to sit for questioning by lawyers from the opposing side. But both Dominion and Fox appear to be preparing for the likelihood that the case will end up in front of a jury.The suit accuses Fox of pushing false and far-fetched claims of voter fraud to lure back viewers who had defected to other right-wing news sources. In its initial complaint, Dominion’s lawyers framed their lawsuit as a matter of profound civic importance. “The truth matters,” they said, adding, “Lies have consequences.”The judge overseeing the case allowed Dominion in late June to expand the suit to include the cable news network’s parent company, Fox Corporation, potentially broadening the legal exposure of both Murdochs. Shortly after, Fox replaced its outside counsel on the case and hired one of the nation’s most prominent trial lawyers, Dan Webb.A spokesman for Fox Corporation has said that the First Amendment protected the company from the suit, and that any attempt by Dominion lawyers to put the Murdochs at the center of their case would be a “fruitless fishing expedition.”Both Dominion and Fox appear to be preparing for the case to go before a jury.Michael M. Santiago/Getty ImagesThe network is “confident we will prevail as freedom of the press is foundational to our democracy and must be protected,” a Fox News spokeswoman said in a statement. She added that the $1.6 billion in damages that Dominion is seeking are “outrageous, unsupported and not rooted in sound financial analysis.” According to court filings, Dominion estimates business losses at hundreds of millions of dollars and values the company at around $1 billion.Dominion’s legal complaint lays out how Fox repeatedly aired conspiracy theories about the company’s purported role in a plot to steal votes from former President Donald J. Trump, and argues that its business has suffered considerably as a result. Those falsehoods — including that Dominion was a pawn of the Venezuelan strongman Hugo Chavez and that its machines were designed with a feature that allowed votes to be flipped from one candidate to another — aired night after night as Fox hosts like Mr. Hannity and Mr. Dobbs allowed guests to make them on their shows, and in some cases vouched for them.Legal experts say the case is one of the most potentially consequential libel suits brought against an American media company in more than a generation, with the potential to deliver a judgment on a falsehood that has damaged the integrity of the country’s democratic system and remains an article of faith among many Trump supporters.Defamation is extremely difficult to prove in a case like this because of the broad constitutional protections that cover the news media. A company like Dominion has to prove either that a media outlet knew what it was publishing or broadcasting was false, or that it acted so hastily it overlooked facts proving that falsity, a legal standard known as demonstrating a “reckless disregard for the truth.”Dominion’s legal strategy, which it has detailed in court filings, hinges on getting testimony and unearthing private communications between Fox employees that prove either such recklessness or knowledge that the statements were false.The case has stirred considerable unease inside Fox all summer, as employees have had to turn over months of emails and text messages to Dominion lawyers and prepare for depositions. Other current and former Fox personalities who have been deposed include Dana Perino, Shepard Smith and Chris Stirewalt, who was part of the team that made the election night projection that Mr. Trump would lose Arizona, and the presidency as a result.This is not the first time that Mr. Hannity has been in the middle of a high-profile defamation suit. In 2018, Fox was sued by the parents of Seth Rich, a former Democratic National Committee staff member whom Mr. Hannity and others at Fox falsely linked to a hacking that resulted in committee emails being published by WikiLeaks. Mr. Rich was murdered in an apparent botched robbery in 2017, though conspiracy theorists tried to blame his death on Democratic operatives. Fox News later retracted some of its reporting on the story, saying it did not meet the network’s editorial standards.Fox settled the Rich case in the fall of 2020, before Mr. Hannity could be deposed. More