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      What Protects Fox News In the Dominion Trial Also Protects Our Democracy

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      Fox News, which is defending itself from Dominion Voting Systems’ $1.6 billion lawsuit, is going to trial on Monday in a hole. In an unusual move, the judge has already ruled that on-air statements — those asserting that Dominion’s voting machines played a role in causing Donald Trump to lose the 2020 election — were false. The main task left for the jury is to decide whether Fox made those false statements with what’s known as actual malice.It’s remarkable that Dominion’s suit has gotten this far and may even ultimately prevail, thanks in part to a raft of incredibly damaging Fox emails, text messages and other evidence that show deep internal misgivings about on-air claims about the 2020 election. But proving actual malice is difficult: Dominion must show that Fox News either knew that its reporting was false or entertained serious doubts about the truth of the reporting. This high bar, set by the Supreme Court in 1964, often is insurmountable for plaintiffs.Given the evidence against Fox that already has been made public, it might seem unfair that Dominion continues to face such an uphill battle in this case. But it is a very good thing for our democracy that it is so difficult to prove actual malice.A movement to erode this legal protection has gained steam in recent years, but the main push has not come from Fox critics. Rather, conservatives have characterized the protections as unfairly enabling liberal news outlets to lie. Commentators, politicians, judges and two Supreme Court justices have urged the court to reconsider these protections.The Dominion case demonstrates why this politicization is the wrong course. Overturning nearly six decades of vital First Amendment precedent would not benefit conservatives, liberals or anyone other than those who seek to stifle reporting and criticism with the threat of litigation.Sixty-three years ago, this newspaper ran a full-page advertisement from a civil rights committee that accused Southern officials of mistreating Martin Luther King Jr. and other peaceful protesters. Some statements were untrue. For instance, although the city of Montgomery, Ala., had deployed the police near a local college, the officers did not “ring” the campus, as the ad alleged. L.B. Sullivan, a Montgomery city commissioner who supervised the police, sued The New York Times for defamation, and the all-white jury found against The Times and four Black ministers whose names were on the advertisement and awarded Sullivan $500,000.The Supreme Court in 1964 unanimously overturned that ruling, reasoning that public officials must establish actual malice before recovering defamation damages. Justice William Brennan touted the “profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.” The court later expanded this requirement to public-figure defamation plaintiffs.The merits of New York Times v. Sullivan have long been the subject of academic debate, but its survival was not seriously questioned until 2019, when Justice Clarence Thomas called on the court to revisit the decision. He deemed Sullivan and its progeny “policy-driven decisions masquerading as constitutional law.” Two years later, Justice Neil Gorsuch joined Justice Thomas, arguing that the actual malice rule might enable the spread of falsehoods online and on cable news.As the Supreme Court showed last year when it overturned Roe v. Wade, no precedent is entirely safe from reversal, so any supporters of Sullivan should be quite concerned by two justices calling to revisit the case.Sullivan is increasingly under attack. This month, for instance, a Trump-appointed federal judge in Florida took a swipe at the actual malice standard when applying it to rule in favor of CNN in a defamation lawsuit that the lawyer Alan Dershowitz brought against the network. “Policy-based decisions” such as the actual malice rule are best left to elected legislatures, “not to an unelected judge who may be king or queen for a day (or a lifetime),” Judge Raag Singhal wrote. Judge Laurence Silberman of the U.S. Court of Appeals for the D.C. Circuit cited the media’s “bias against the Republican Party” in his 2021 call to overturn Sullivan. And at a February round table about the news media, Gov. Ron DeSantis of Florida said the precedent enables the media to “smear” politicians.The actual malice rule protects speakers regardless of politics. It protects CNN and The New York Times. It protects Fox News and Newsmax. The rule gives them the flexibility to investigate, report on and criticize the most powerful people and companies without fearing ruinous liability because of an accidental error. It also protects individual speakers on social media.The precedent does not provide media outlets and other speakers with a blank check to knowingly lie. Actual malice is a high bar, but it is not insurmountable. Dominion has already produced emails and other evidence that Fox employees and executives privately entertained serious doubts about many claims about the election. The jury could well conclude that Fox knew of the statements’ falsity or were sufficiently aware of their probable falsity. But Sullivan gives Fox the opportunity to present this defense rather than automatically becoming liable for every error.Judges who argue that the actual malice rule may not be rooted in the First Amendment gloss over the threat to speech posed by using the power of the government — court judgments — to punish speech.Attacks on Sullivan are attacks on the building blocks of democracy, and they should concern everyone who cares about free speech, regardless of political affiliation. We have seen how the powerful have weaponized weaker defamation laws in other countries. In a December report, UNESCO noted that there has been a global increase in civil defamation lawsuits that often aim “to target journalists who publish content that makes public officials or powerful economic actors uncomfortable.” A 2020 report from the Foreign Policy Center observed that since a right-wing populist party rose to power in Poland in 2015, a Polish daily newspaper had received more than 55 legal threats from “powerful state actors,” state-owned companies and people tied to the ruling party.Fearing such an outcome, Matthew Schafer, a First Amendment lawyer (who represented The Times a number of years ago), and I came up with a backup plan: In a recent law review article, we proposed a federal statute that would codify the actual malice rule and other vital free speech and press protections. While courts and state legislatures would be free to impose even stronger protections, our proposal would prevent a sudden erosion of free speech because of a single Supreme Court opinion.Hopefully, such a plan will be unnecessary and judges will come to again recognize the enduring value of Sullivan. The Dominion trial is an opportunity for the nation to witness how this “profound national commitment” protects all speakers. And it will be in the best interests of conservatives to fight to protect Sullivan rather than to tear it down.Jeff Kosseff is a senior legal fellow at The Future of Free Speech Project and the author of the forthcoming book “Liar in a Crowded Theater: Freedom of Speech in a World of Misinformation.”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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      Tucker Carlson and Rupert Murdoch Were Right

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      If you missed the previous newsletter, you can read it here.Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News goes to trial next week, and we’ll be reminded once again of the profoundly destructive lies that the network’s carnival barkers sold. Hour after hour, night after night, they peddled Donald Trump’s insistence that the 2020 presidential election was stolen. And they knew or at least suspected that they were wrong, to go by documents already released during the legal proceedings.In this much, however, Fox’s fabulists were right: If they didn’t hawk Trump’s hooey, many of their viewers would just move on to a circus that did. The documents also show that they genuinely believed that. It’s no justification for their laundering of his conspiracy theories — they surely wouldn’t have lost all their audience, and they could have tried to chip away at the dangerous delusions of the many viewers who remained. That they chose differently is a betrayal of journalistic principle and a damning indictment of them. But it says something troubling about the rest of us, too.Thanks to the sprawling real estate of cable television and the infinite expanse of the internet, we live in an age of so many information options, so many “news” purveyors, that we have an unprecedented ability to search out the one or ones that tell us precisely what we want to hear, for whatever reason we want to hear it. We needn’t reckon with the truth. We can shop for it instead.And many of us — maybe even most of us — do. That’s one of the morals of Dominion’s suit, correctly called “seismic” by my Times colleague Jim Rutenberg in his excellent and essential recent article about Fox News’s descent down the rabbit hole. Rutenberg tells the tale of that network’s spectacularly cynical dealings with its particular audience. But a larger story hovers over it, one about every audience’s relationship with reality today.The unscrupulous behavior of Tucker Carlson and his fellow entertainers (let’s call them what they really are) at Fox Phantasmagoria (let’s call it what it really is) reflects the strange new wonderland we inhabit, in which diverging continents of facts — or of recklessly harvested factoids and fictions — leave us without the common ground we need for a sane and civil society.Rutenberg chronicles the concern of senior Fox officials — and of Rupert Murdoch, the chair of Fox Corporation — not to alienate their audience, even if that meant diluting or disregarding an accurate version of events. Following Election Day 2020, Murdoch and Suzanne Scott, the network’s chief executive, grew worried about competing outlets that wholly bought into Trump’s bogus claims. “One of them, Newsmax, was moving up in the ratings while refusing to call Biden the winner,” Rutenberg writes, adding that when The Wall Street Journal, which Murdoch owns, reported that allies of Trump’s might invest in Newsmax to help it pull closer to Fox, “Murdoch alerted Scott to the piece. Fox would have to play this just right, he said in an email.” He warned that it was important not to inflame Trump.Carlson wrote to a colleague: “With Trump behind it, an alternative like Newsmax could be devastating to us.”So Carlson played along with Trump, even while admitting in a text message to an acquaintance “I hate him passionately” and privately expressing disgust and disbelief — “It’s insane,” he texted Laura Ingraham — about the fantastical accusations coming from Team Trump.Carlson sought to undermine those on the network who didn’t fall in line. After the reporter Jacqui Heinrich cast doubt on what Trump and his enablers were saying, Carlson texted Ingraham and Sean Hannity: “It needs to stop immediately, like tonight. It’s measurably hurting the company. The stock price is down. Not a joke.”According to a 2019 survey by the Pew Research Center, 93 percent of viewers who relied on Carlson & Co. labeled themselves Republicans or said they leaned that way. That lopsidedness isn’t unique: The same survey found that 95 percent of viewers who relied on MSNBC belonged to or sympathized with the Democratic camp. While there’s absolutely no equivalence between the two networks, there’s also no doubt that both consider the interests and inclinations of their loyalists when they’re appointing their hosts, inviting their guests, choosing their stories, calibrating their tones. They are, to varying degrees, giving people what they want. They’re businesses, after all. So is The Times, whose readers are hardly a perfectly heterogeneous snapshot of America.And that compels customers who care about getting a full and nuanced picture not to buy from just one merchant, not in the media marketplace of this moment. We can’t change or redeem the Murdochs and the Carlsons of the world — such perversions of ambition, greed and vanity will always be with us. But we can be better, smarter, more keen-eyed and more open-minded ourselves. We can refuse to confirm and reward their assessments of us.Words Worth SideliningGetty ImagesPerhaps no subspecies of journalist gravitates toward jargon with the frequency and zest of the political journalist, who can’t resist cant. I noted as much in a newsletter last October, when I pleaded for the retirement of “deep dive,” “wake-up call” and “under the bus,” among other annoyances, and said that I’d probably produce at least one follow-up glossary of similarly exhausted phrases. So here’s another batch. May we please, please say goodbye to:Clown car. That’s the favored term for any campaign or political operation of transcendent incompetence or inanity — which is to say, many campaigns and political operations. I smiled the first time I spotted this reference. And the hundredth. No more. I just did a “Donald Trump” “clown car” search on Google, which returned more than 45,000 results. That’s appropriate for the bozo in question but a failure of originality nonetheless.Dumpster fire. A clown car in flames — or any political debacle. At this point, so many developments have been deemed dumpster fires that the designation has burned itself out. It’s an ember of its former blaze.Walk and chew gum at the same time. Pundits love, love, love this expression to convey how easy it should be for a politician to accomplish two goals at once. Mid-perambulation mastication is indeed multitasking at its most mundane; the metaphor was surely as invigorating as a just-unwrapped stick of wintergreen Trident once upon a toothy time. But it lacks all flavor now. Time to spit it out.Drank the Kool-Aid. How this reference to the mass suicide of hundreds of Jim Jones’s followers became an all-purpose knock on what any excessively credulous politician or overly obedient voter has done is beyond me.That dog won’t hunt. Because it’s a Shih Tzu? A bichon frise?Put on your big-boy pants. Pundits tell timid, oversensitive politicians to do this and then wonder why so many Americans find us snotty. That’s the epitome of immaturity.Thanks to Karen Simonsen of Sisters, Ore., Sheri Sidwell of Alton, Ill., and Bill Blackburn of Austin, Tex., among others, for suggesting one or more of the above. “Words Worth Sidelining” is a recurring newsletter feature.For the Love of SentencesGetty ImagesThe Washington Post columnist Ruth Marcus was pithy and pointed in her take on Supreme Court Justice Clarence Thomas’s lavish maritime getaways with a billionaire Republican donor: “Beware new friends bearing yachts.” (Thanks to Tom Morman of Leipsic, Ohio, and Bonnie Ross of Sarasota, Fla., for nominating this.)Also in The Post, Ron Charles examined an alliteratively named publisher of “pro-God” children’s stories: “The Brave Books website says, ‘It take courage to stand up for the truth.’ It take grammar, too, but God works in mysterious ways.” (Pam Gates, Rockville, Md., and Cynthia Bazinet, Upper Port La Tour, Nova Scotia)And David Von Drehle took issue with a right-wing Texas jurist’s ruling to block access to the abortion drug mifepristone, asserting that unelected judges “should be as modest and unassuming as a crossing guard in a Mennonite village where all the horses are old and footsore.” (Richard Rampell, Palm Beach, Fla., and Bobbie Steinhart, Berkeley, Calif., among others)In Politico, Rich Lowry contextualized Trump’s appearance at his Waco, Tex., rally with the J6 Prison Choir: “It’d be a little like Richard Nixon running for the 1976 Republican presidential nomination, and campaigning with a barbershop quartet made up of the Watergate burglars.” (Karen Hughes, Tumwater, Wash., and Colleen Kelly, Manhattan)In The New York Times, Jesse Green had advice for theatergoers filing into a new Broadway production: “Bring earplugs. Not just because the songs in ‘Bad Cinderella,’ the Andrew Lloyd Webber musical that opened on Thursday at the Imperial Theater, are so crushingly loud. The dialogue, too, would benefit from inaudibility. For that matter, bring eye plugs: The sets and costumes are as loud as the songs. If there were such a thing as soul plugs, I’d recommend them as well.” (Conrad Macina, Landing, N.J.)Also in The Times, John McWhorter noted the existence, in the dictionary, of fussy and archaic terms that have fallen far from use and survive “more as puckish abstractions than actual words. They remind me of the 32-inch-waist herringbone pants from the 1980s that I have never been able to bring myself to get rid of, along with my compass and my protractor.” (Fred Jacobs, Queens, N.Y.)And James Poniewozik described the look and feel of the Manhattan courthouse in which Trump was arraigned: “The scene was gray, humdrum, municipal, more ‘Night Court’ than Supreme Court. You could practically smell the vending-machine coffee.” (Gil Ghitelman, Westport, Conn., and Adam Eisenstat, Pittsburgh)To nominate favorite bits of recent writing from The Times or other publications to be mentioned in “For the Love of Sentences,” please email me here and include your name and place of residence.What I’m Reading and DoingGretchen Rubin’s new book begins with a scene that had special resonance for me: She visits the eye doctor, who gives her a bit of troubling news that prompts her to take a fresh, different look at the world around her. “In an instant,” she writes, “all my senses seemed to sharpen. It was as if every knob in my brain had suddenly been dialed to its maximum setting of awareness.” Her story from that point on is much different from mine, but it’s characterized by a similar impulse to summon wonder and gratitude, and it showcases her trademark wisdom about making the most of our days. The book, “Life in Five Senses: How Exploring the Senses Got Me Out of My Head and Into the World,” will be available Tuesday.My Times colleague Kate Zernike’s new book, “The Exceptions: Nancy Hopkins, MIT, and the Fight for Women in Science,” is a perfect marriage of compelling material and formidable journalist. In a review in The Times, the “Lessons in Chemistry” author Bonnie Garmus called “The Exceptions,” which was published in late February, “excellent and infuriating,” the latter adjective referring to the injustices Kate chronicles.I’m a big admirer of the writing that Tim Miller and Jonathan V. Last do for The Bulwark, so when they asked me to join them last week on their podcast, “The Next Level,” I was delighted. (Sarah Longwell is their partner in the podcast but wasn’t around for our conversation.) We talked about politics, higher education and aging. Also, I guess, personal hygiene and self-indulgence? They titled the episode “Unacknowledged Bubble Baths,” an intriguing allusion to some bit of banter that escapes my memory. You can find “Unacknowledged Bubble Baths” (I just had to repeat it) here.On a Personal NoteHarold M. Lambert/Getty ImagesI relished many of the smart, witty articles about Gwyneth Paltrow’s days in court, but I can’t say whether the authors’ descriptions of her couture and her hauteur jibed with my impressions. I never watched so much as a minute of the proceedings.I saw precisely one short snippet of Alex Murdaugh’s testimony en route to his murder conviction, but that was that. I otherwise sated myself with written accounts of his trial.And while I use links in online articles and on social media to sample politicians’ speeches and public appearances, I don’t see nearly as much of Ron DeSantis or Kyrsten Sinema as a newscast or political talk show would air. That’s because there are few newscasts and political talk shows in my life.Am I guilty of grave professional dereliction? I wonder. I worry. Can I (or anyone else) read the culture intelligently without closely monitoring television, which is an important portal into it, a principal mirror of it and the medium that influences many Americans’ thinking and behavior like no other? Quite possibly not.But I’d like to believe that less television can equal more insight. That pulling back and tuning out — to a degree — are constructive.I’m singling out television, but I’m really speaking about something broader. I’m referring to a kind of indiscriminately rapt, instantly reactive attention to the scandal of the week, the melodrama of the day, the fascination of the hour. Many of those developments and details are ephemeral, disposable — and that’s not clear if you’re twitchily tracking them in real time. The ones with real consequences reach us in ways beyond the breathless exclamations on air. They also reach us multiple times, their repetition and endurance a measure of their import.Besides, is hyper-vigilance any way to live? Is it sustainable? Not for me, not as I get older, not in this addled era of ours.To examine the hurly-burly of our current world from a certain distance, with a certain detachment, is to see things in more accurate proportion, with better perspective — or at least I can make that argument. I think I buy it.But I acknowledge another possibility: I’m just doing what I must to stay several steps ahead of utter exhaustion and thorough disillusionment. That’s reason enough. More

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      Landmark Trial Against Fox News Could Affect the Future of Libel Law

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      Jury selection starts on Thursday in Delaware Superior Court, where the proceedings will tackle misinformation and the limits of journalistic responsibility.Dominion Voting Systems’ defamation case against Fox News, which goes to trial in Delaware next week, is expected to stoke hot-button debates over journalistic ethics, the unchecked flow of misinformation, and the ability of Americans to sort out facts and falsehoods in a polarized age.For a particular subset of the legal and media communities, the trial is also shaping up as something else: the libel law equivalent of the Super Bowl.“I’ve been involved in hundreds of libel cases, and there has never been a case like this,” said Martin Garbus, a veteran First Amendment lawyer. “It’s going to be a dramatic moment in American history.”With jury selection set to begin on Thursday in Delaware Superior Court in Wilmington, the case has so far been notable for its unprecedented window into the inner workings of Fox News. Emails and text messages introduced as evidence showed the Fox host Tucker Carlson insulting former President Donald J. Trump to his colleagues, and Rupert Murdoch, whose family controls the Fox media empire, aggressively weighing in on editorial decisions, among other revelations.Now, after months of depositions and dueling motions, the lawyers will face off before a jury, and legal scholars and media lawyers say the arguments are likely to plumb some of the knottier questions of American libel law.Dominion, an elections technology firm, is seeking $1.6 billion in damages after Fox News aired false claims that the company had engaged in an elaborate conspiracy to steal the 2020 presidential election for Joseph R. Biden Jr. The claims, repeated on Fox programs hosted by anchors like Maria Bartiromo and Lou Dobbs, were central to Mr. Trump’s effort to persuade Americans that he had not actually lost.Lawyers for Fox have argued that the network is protected as a news-gathering organization, and that claims of election fraud, voiced by lawyers for a sitting president, were the epitome of newsworthiness. “Ultimately, this case is about the First Amendment protections of the media’s absolute right to cover the news,” the network has said.It is difficult to prove libel in the American legal system, thanks in large part to New York Times v. Sullivan, the 1964 Supreme Court decision that is considered as critical to the First Amendment as Brown v. Board of Education of Topeka is to civil rights.The Sullivan case set a high legal bar for public figures to prove that they had been defamed. A plaintiff has to prove not just that a news organization published false information, but that it did so with “actual malice,” either by knowing that the information was false or displaying a reckless disregard for the truth.The question of that motivation is central to the Dominion case. The trial judge, Eric M. Davis, has already concluded in pretrial motions that the statements aired by Fox about Dominion were false. He has left it to the jury to decide if Fox deliberately aired falsehoods even as it was aware the assertions were probably false.Documents show Fox executives and anchors panicking over a viewer revolt in the aftermath of the 2020 election, in part because the network’s viewers believed that it had not sufficiently embraced Mr. Trump’s claims of fraud. Dominion can wield that evidence to argue that Fox aired the conspiracy theories involving Dominion for its own financial gain, despite ample evidence that the claims were untrue. (Fox has responded that Dominion “cherry-picked” its evidence and that the network was merely reporting the news.)Lawyers on their way out of Delaware Superior Court. Fox suffered some setbacks this week before the trial.Hannah Beier for The New York TimesMr. Garbus, the First Amendment lawyer, has spent decades defending the rights of media outlets in libel cases. Yet like some media advocates, he believes that Fox News should lose — in part because a victory for Fox could embolden a growing effort to roll back broader protections for journalists.That effort, led mainly but not exclusively by conservatives, argues that the 1964 Sullivan decision granted too much leeway to news outlets, which should face harsher consequences for their coverage. Some of the leading proponents of this view, like the Supreme Court justice Clarence Thomas and Gov. Ron DeSantis of Florida, are conservative heroes who are sympathetic to the right-wing views of Fox programming. But if Fox prevails in the Dominion case, despite the evidence against it, the result could fuel the argument that the bar for defamation has been set too high.Not all media lawyers agree with this reasoning. Some even think a loss for Fox could generate problems for other news organizations.Jane Kirtley, a former executive director of the Reporters Committee for Freedom of the Press, who teaches media law at the University of Minnesota, said she detected from Fox critics “an intense desire for someone to say definitively that Fox lied.” But she added, “I don’t see a victory for Dominion as a victory for the news media, by any means.”“As an ethicist, I deplore a lot of what we’ve learned about Fox, and I would never hold it up as an example of good journalistic practices,” Ms. Kirtley said. “But I’ve always believed that the law has to protect even those news organizations that do things the way I don’t think they should do it. There has to be room for error.”Ms. Kirtley said she was concerned that the Dominion case might lead to copycat lawsuits against other news organizations, and that the courts could start imposing their own standards for what constituted good journalistic practice.Dominion’s effort to unearth internal emails and text exchanges, she added, could be reproduced by other libel plaintiffs, leading to embarrassing revelations for news outlets that might otherwise be acting in good faith.“It’s an intense scrutiny into newsroom editorial processes, and I’m not sure that members of the public will look at it very kindly,” she said. “Maybe the emails show they’re being jocular or making fun of things that other people take very seriously.”Journalism, she said, “is not a science,” and she said she felt uncomfortable with courts determining what constituted ethical news gathering.Fox suffered some setbacks this week before the trial. On Tuesday, Judge Davis barred the network from arguing that it aired the claims about Dominion on the basis that the allegations were newsworthy, a crucial line of defense. On Wednesday, he imposed a sanction on Fox News and scolded its legal team after questions arose about the network’s timely disclosure of additional evidence. The judge said he would probably start an investigation into the matter; the network said its lawyers had produced additional evidence “when we first learned it.”The trial may feature testimony from high-profile Fox figures, including Mr. Murdoch, Mr. Carlson, Ms. Bartiromo and Suzanne Scott, the chief executive of Fox News Media. More

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      Fox News Sanctioned by Judge for Withholding Evidence in Dominion Case

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      Judge Eric Davis also said an investigation was likely into Fox’s handling of documents and whether it had withheld details about Rupert Murdoch’s corporate role.WILMINGTON, Del. — The judge overseeing Dominion Voting Systems’ lawsuit against Fox News said on Wednesday that he was imposing a sanction on the network and would very likely start an investigation into whether Fox’s legal team had deliberately withheld evidence, scolding the lawyers for not being “straightforward” with him.The rebuke came after lawyers for Dominion, which is suing for defamation, revealed a number of instances in which Fox’s lawyers had not turned over evidence in a timely manner. That evidence included recordings of the Fox News host Maria Bartiromo talking with former President Donald J. Trump’s lawyers, Sidney Powell and Rudy Giuliani, which Dominion said had been turned over only a week ago.In imposing the sanction on Fox, Judge Eric M. Davis of the Delaware Superior Court ruled that if Dominion had to do additional depositions, or redo any, then Fox would have to “do everything they can to make the person available, and it will be at a cost to Fox.”He also said he would very likely appoint a special master — an outside lawyer — to investigate Fox’s handling of discovery of documents and the question of whether Fox had inappropriately withheld details about the scope of Rupert Murdoch’s role. Since Dominion filed its suit in early 2021, Fox had argued that Mr. Murdoch and Fox Corporation, the parent company, should not be part of the case because Mr. Murdoch, the chair, and other senior executives had nothing to do with running Fox News. But in the past few days, Fox disclosed to Dominion that Mr. Murdoch was a corporate officer at Fox News.Dominion, a voting technology company, accused Fox and some of the network’s executives and hosts of smearing its reputation by linking it to a nonexistent conspiracy to rig voting machines in the 2020 presidential election. Fox had said that it was just reporting on newsworthy allegations from Mr. Trump, who was then the president, as well as his lawyers and supporters, who told Fox’s hosts and producers that they would prove their allegations in court.Fox’s lawyers had only recently disclosed that Rupert Murdoch, the executive chairman of Fox Corp., was also the executive chair of Fox News, a role that pointed to more responsibility for its broadcasts.Mike Segar/ReutersJury selection starts on Thursday, and the trial is scheduled to begin on Monday. It wasn’t immediately clear whether Dominion would avail itself of the judge’s ruling allowing its lawyers to conduct additional depositions. But it was clear from Judge Davis’s stern reprimand of Fox’s lawyers on Wednesday — and similarly piqued remarks from him during another hearing on Tuesday — that he was losing patience. The judge told Fox’s lawyers to retain all internal communications, starting from March 20 of this year, that related to Mr. Murdoch’s role at Fox News. That was the date the lawyers submitted a letter to Judge Davis asking that Mr. Murdoch and other Fox Corporation executives not be forced to testify at the trial in person, saying they had “limited knowledge of pertinent facts.” The letter did not mention that Mr. Murdoch was also a Fox News executive.Judge Davis said he would weigh whether any additional sanctions should be placed on Fox.He also said he was very concerned that there had been “misrepresentations to the court.”“This is very serious,” Judge Davis said.Davida Brook, a lawyer for Dominion, told the court that they were still receiving relevant documents from Fox, with the trial just days away.“We keep on learning about more relevant information from individuals other than Fox,” she said. “And to be honest we don’t really know what to do about that, but that is the situation we find ourselves in.”She pointed to one email that had recently been handed over, between Ms. Bartiromo and Ms. Powell on Nov. 7, 2020. In the email, Ms. Powell was forwarding evidence to Ms. Bartiromo that Dominion said was proof Fox had acted recklessly: an email from a woman Ms. Powell relied on as a source who exhibited signs of delusion, claiming, for instance, that she was aware of voter fraud because she had special powers, including the ability to time travel.“I just spoke to Eric and told him you gave very imp info,” Ms. Bartiromo wrote back to Ms. Powell, most likely referring to Eric Trump, Mr. Trump’s son.Ms. Brook also played two recordings for the court of pre-interviews, which are preliminary conversations before an on-air interview, conducted by Ms. Bartiromo that Ms. Brook said were received only after they were revealed in legal complaints filed by Abby Grossberg, a former Fox News producer who is suing the network.The evidence included recordings of the Fox News host Maria Bartiromo talking with former President Donald J. Trump’s lawyers, Sidney Powell and Rudy Giuliani.Roy Rochlin/Getty ImagesIn one of the recordings, on Nov. 8, 2020, Ms. Bartiromo asks Mr. Giuliani about Dominion’s software. In it, he admits that he doesn’t have hard evidence to back up the claim that the software could be manipulated, saying it was “being analyzed right now.” When Ms. Bartiromo asks about a conspiracy theory circulating at the time that claimed Dominion was connected to Representative Nancy Pelosi of California, Mr. Giuliani says: “Yeah, I’ve read that. I can’t prove that yet.”A Fox News spokeswoman said in a statement on Wednesday: “As counsel explained to the court, Fox produced the supplemental information from Ms. Grossberg when we first learned it.”Justin Nelson, another lawyer for Dominion, told Judge Davis that had Fox Corporation, the parent company, been quicker to share the information about Mr. Murdoch’s role as an officer of Fox News, the universe of documents Dominion could have obtained during discovery from him and other Fox Corporation executives would have been much larger. He also said that Fox might have failed to produce relevant documents.“We have been litigating based upon this false premise that Rupert Murdoch wasn’t an officer of Fox News,” he said.The question of whether Mr. Murdoch made decisions as a corporate officer of Fox News cuts to the heart of Dominion’s case. It has tried to prove — and Fox has repeatedly denied — that Rupert and Lachlan Murdoch, the chief executive of Fox Corporation, were closely involved in overseeing Fox News coverage of the 2020 election. Their decisions, Dominion has argued, directly affected what Fox broadcast about the voting technology company and, more broadly, fed a climate inside the network where hosts and producers amplified misinformation as part of a plan to win back viewers who had stopped watching after Mr. Trump’s loss.Proving so would mean that the larger Fox Corporation — not just Fox News — could also be found liable for defaming Dominion.Mr. Nelson argued that the case should be split in two so that Dominion lawyers could separately pursue action against Fox Corporation now that Dominion could obtain more information from executives. Judge Davis declined, but he expressed concern that Fox’s legal team had not been forthcoming with the information, despite being asked multiple times whether Mr. Murdoch was a corporate officer for Fox News.“I need people to tell me the truth,” he said. “And by the way, omission is a lie.”Dan K. Webb, a lawyer for Fox, pushed back on the assertion from Dominion, saying that both he and even Mr. Murdoch didn’t realize he also held the executive chair role at Fox News.“On a day-to-day basis, Mr. Rupert Murdoch had nothing to do with making decisions with what goes on the air on Fox News,” Mr. Webb said.In an emailed statement, a Fox News spokeswoman said: “Rupert Murdoch has been listed as executive chairman of Fox News in our S.E.C. filings since 2019 and this filing was referenced by Dominion’s own attorney during his deposition.”Judge Davis admonished Fox’s lawyers, saying he had previously asked for clarity on who had corporate responsibilities at Fox News but had not heard back.“What do I do with attorneys that aren’t straightforward with me?” he asked. More

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      Fox News to Host First Republican Presidential Primary Debate

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      The candidates will face off in August in Milwaukee. Republican National Committee chairwoman Ronna McDaniel says they will be asked to agree to a loyalty pledge before they take the stage.Fox News will host the first official debate of the 2024 Republican presidential primary in Milwaukee in August, the Republican National Committee’s chairwoman announced on Wednesday.“We are going to host the very first debate with Fox News. It will be a Fox News Republican primary debate,” Ronna McDaniel said on the network’s flagship morning program, “Fox and Friends,” adding that all participants will be asked to agree to a party loyalty pledge to support the eventual nominee.Donald J. Trump, the former president and current polling front-runner for the nomination in 2024, has refused to say whether he would support a nominee other than himself. In a February radio appearance, he said his support “would have to depend on who the nominee was.”Ms. McDaniel explained the reason for the pledge: “Let me ask you this, as R.N.C. chair, and we’re hosting R.N.C. debates with Fox, if I said I wouldn’t support the nominee of our party I’d be kicked out,” she said. “So why would we host a debate stage without every candidate saying I’m going to support whoever the voters choose, and the voters want that.”“It’s about beating Joe Biden,” she added.Ms. McDaniel did not say how the party would determine who qualifies for the debate stage. In 2020, the Democratic National Committee required candidates to report a minimum number of small donors or meet a certain polling level.“We’ll put that criteria out soon,” Ms. McDaniel said — but she did not expect to need more than one debate to accommodate a large field, as the party did initially in 2016 and Democrats did in 2020.“Right now I don’t see there being two stages but I could be wrong on that. The field’s forming later than usual,” she explained.Both the Republican convention and first debate will be in Milwaukee, signaling Wisconsin’s significance in the party’s path back to the White House. On Tuesday, Democrats announced their national convention would be in Chicago.In addition to Mr. Trump, Nikki Haley, the former governor of South Carolina and a former United Nations ambassador, Asa Hutchinson, a former governor of Arkansas, Vivek Ramaswamy, an entrepreneur and author, and Perry Johnson, a businessman and failed candidate for governor of Michigan, have entered the Republican primary race. Senator Tim Scott of South Carolina announced an exploratory committee on Wednesday.Gov. Ron DeSantis of Florida is widely expected to announce a run in the coming months, as is Mike Pence, the former vice president.Ms. McDaniel announced two other debate partners: Young America’s Foundation, which is led by Scott Walker, the former Wisconsin governor, and Rumble, a right-wing online streaming service.“We’re getting away from Big Tech,” she said. More

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      Trump Says He’ll Still Run For President If Criminally Convicted

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      He made the remarks in an interview with Tucker Carlson, his first time on the program since the release of private text messages showed the Fox News anchor’s repugnance for the former president.Former President Donald J. Trump said Tuesday that he would continue campaigning for the White House even if convicted of a crime.In his first national media interview since pleading not guilty last week to 34 felony charges related to a hush-money scandal during his 2016 White House bid, Mr. Trump complimented the strongmen leaders of several other countries; attacked “sick, radical” Democrats; and indicated that not even a prison sentence would keep him from running for president.“I’d never drop out, it’s not my thing,” Mr. Trump said when asked on Fox News about a potential conviction.In addition to his criminal charges in New York, the former president is facing several other criminal investigations: One is related to his attempts to overturn election results in Georgia, another is into his efforts to hold on to power in Washington after losing re-election and a third is into his handling of classified documents at his home in South Florida.The hourlong interview was also his first with the Fox News anchor Tucker Carlson since private text messages, revealed as part of a $1.6 billion defamation against the cable channel by Dominion Voting Systems, showed Mr. Carlson’s repugnance for the former president.While Mr. Carlson referred to Mr. Trump as “a demonic force, a destroyer,” in one text message in early 2021 and added “I hate him” in another, on Tuesday he traveled to Mr. Trump’s Mar-a-Lago resort in South Florida for what Mr. Carlson described on his show as “a rare venture outside the studio for us.” The interview consumed his program.“For a man caricatured as an extremist,” Mr. Carlson said about Mr. Trump at the start of the show, “we think you’ll find what he has to say moderate, sensible and wise.”During the interview, most of which was spent on foreign policy, Mr. Trump said that Democratic leaders were a bigger threat to the nation than foreign dictators.Mr. Trump referred to President Vladimir V. Putin of Russia as “very smart,” said that Saudi Arabia’s leaders were “great people” and called President Xi Jinping of China a “brilliant man.” He also said that “the biggest problem” for the United States wasn’t foreign actors but “these sick, radical people from within” the country.The former president said that he was able to handle Russia and China from the White House, and described an interaction with Mr. Putin in which he told the Russian leader that he couldn’t invade Ukraine. Mr. Trump didn’t mention that he had been impeached for opening a pressure campaign on Ukraine, including an internal push to withhold military aid, to investigate his political rivals.Speaking about his arraignment exactly one week earlier, Mr. Trump said he felt supported by members of the courthouse staff.“It’s a tough, tough place and they were crying,” he said. “They were actually crying. They said, ‘I’m sorry.’” 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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      Fox News Settles Defamation Case With Venezuelan Businessman

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      In a letter to a New York judge, the parties said they had reached a settlement in a case related to claims of voter fraud in the 2020 election, but did not disclose the terms.Fox News and one of its former hosts, Lou Dobbs, have settled a defamation suit with a Venezuelan businessman whom the network linked to voting-system fraud in the 2020 election.In a letter filed on Saturday to a federal judge in the Southern District of New York, the parties said they had reached a confidential settlement, although they did not disclose the terms.“This matter has been resolved amicably by both sides,” a spokesperson for Fox News said in an email. “We have no further comment.”The settlement comes days before jury selection this week in a major case that Fox News is defending. That case, a $1.6 billion defamation lawsuit brought by Dominion Voting Systems, says that Fox News lied about voter fraud in the 2020 election, and that Fox hosts and guests repeatedly made false claims about Dominion machines and their supposed role in a plot to steal the election from President Donald J. Trump in 2020.In that trial, which is expected to begin on April 17, a jury will weigh whether Fox spread false claims about Dominion while knowing that the claims were untrue, and it will determine any damages.“Dominion’s lawsuit is a political crusade in search of a financial windfall,” the Fox spokesperson said.In the case of the Venezuelan businessman, Majed Khalil, Mr. Dobbs and Sidney Powell, a regular guest on Fox News, said on-air and in related Twitter posts that Dominion was using software to flip votes from President Trump to Joseph R. Biden Jr., or to add votes for Mr. Biden.One of the tweets falsely said Mr. Khalil was “the effective ‘COO’ of the election project.” In an earlier complaint, the plaintiffs said neither Fox News nor Mr. Dobbs had reached out to Mr. Khalil for comment.Fox Business canceled Mr. Dobbs’s weekday show in February 2021. More