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      As Greece Votes, Leader Says Blocking Migrants Built ‘Good Will’ With Europe

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      Prime Minister Kyriakos Mitsotakis has taken a tough line on migrants as he turns around the country’s economy. It’s a trade-off that voters and the European Union seem more than willing to abide.Prime Minister Kyriakos Mitsotakis of Greece has been accused of illegally pushing asylum seekers back at sea. He has acknowledged that the state’s intelligence service wiretapped an opposition leader. He has consolidated media control as press freedom in Greece has dropped to the lowest in Europe.It is the sort of thing that the guardians of European Union values often scorn in right-wing populist leaders, whether it be Giorgia Meloni of Italy or Viktor Orban of Hungary. But with Greece holding national elections on Sunday, Brussels has instead lauded Mr. Mitsotakis, a pro-Europe conservative, for bringing stability to the Greek economy, for sending military aid to Ukraine and for providing regional stability in a time of potential upheaval in Turkey.Above all, European Union leaders appear to have cut Mr. Mitsotakis slack for doing the continent’s unpleasant work of keeping migrants at bay, a development that shows just how much Europe has shifted, with crackdowns formerly associated with the right wing drifting into the mainstream.“I’m helping Europe on numerous fronts,” Mr. Mitsotakis said in a brief interview on Tuesday in the port city of Piraeus, where, in his trademark blue dress shirt and slacks, the 55-year-old rallied adoring voters on crowded streets. “It’s bought us reasonable good will.”With Ursula von der Leyen, the European Commission president, calling Greece’s border enforcement Europe’s “shield,” Mr. Mitsotakis argued that after the arrival of more than a million migrants and asylum seekers destabilized the continent’s politics by entering through Greece during the refugee crisis of 2015 and 2016, Europe had come around to Greece’s tougher approach.Migrants on a dinghy accompanied by a Frontex vessel at the village of Skala Sikaminias, on the Greek island of Lesbos, after crossing the Aegean Sea from Turkey in 2020.Michael Varaklas/Associated Press“We’ve been able to sort of change, I think, the European approach vis-à-vis migration,” said Mr. Mitsotakis, a self-described progressive, disputing the notion that the policy — which critics say includes illegally pushing asylum seekers back — was hard-right.“Right-wing or a central policy,” said Mr. Mitsotakis, the leader of the nominally center-right New Democracy party, “I don’t know what it is, but I have to protect my borders.”In turn, Europe seems to have protected Mr. Mitsotakis.“It’s the Mitsotakis exception,” said Alberto Alemanno, a professor of European Union law at the HEC Paris business school. Mr. Mitsotakis’ special treatment has derived from his political closeness to Ms. von der Leyen, Mr. Alemanno said, and his willingness to build — with funding from the bloc — a vast network of migrant centers that have proved politically popular in Greece.Mr. Mitsotakis argued that some “leftist Illuminati in Brussels” failed to see that he was saving lives with his policy, something that he said Europe’s leaders appreciated.“We’re no longer sort of the poster child for problems in Europe,” he said, adding that what he had done “offers a lot of people relief.”Greeks included. Before Sunday’s elections, Mr. Mitsotakis held a comfortable lead in the polls against his main rival, Alexis Tsipras, of the left-wing Syriza party, even if the prime minister still appeared to lack enough support to win outright. A second round of elections looks probable in July.Alexis Tsipras, left, and Mr. Mitsotakis taking part in a televised debate at the headquarters of the state broadcaster ERT this month.Alexandros Avramidis/ReutersAround the neighborhood where Mr. Mitsotakis campaigned, people talked about how he had made their native Greek islands that were once overrun with migrants livable again, how he had been the first Greek prime minister invited to speak to a joint session of Congress in Washington, and how he had stood up to Turkey’s strongman president, Recep Tayyip Erdogan, who himself faces an election runoff next weekend.Greeks around the country appreciate how Mr. Mitsotakis has cut taxes and debt and increased digitization, minimum wages and pensions.For a decade, Greece was Europe’s thumping migraine. The country’s catastrophic 2010 debt crisis nearly sank the European Union. Humiliating bailouts followed, and a decade of stark austerity policies — directed by Germany — cut pensions and public services, shrank economic output by a quarter, inflated unemployment and prompted thousands of young and professional Greeks to flee.In 2015, under the leadership of Mr. Tsipras, Greeks voted to reject Europe’s many-strings-attached aid package, and the country was nearly ejected from the eurozone. Social unrest and talk of “Grexit” mounted, but Mr. Tsipras ended up carrying out the required overhauls and moderated in the following years, arguing that Greece had started on the road to recovery.But in 2019 he lost to Mr. Mitsotakis — the son of a former prime minister, trained at Harvard and Stanford, at ease in Washington — who seemed the personification of the establishment. He promised to right the Greek ship.“This was always my bet,” Mr. Mitsotakis said. “And I think that we delivered.”His government has spurred growth at twice the eurozone average. Big multinational corporations and start-ups have invested. Tourism is skyrocketing.Tourists visiting the Acropolis in Athens in October.Petros Giannakouris/Associated PressThe country is paying back creditors ahead of schedule, and Mr. Mitsotakis expects, if he wins, international rating agencies to lift Greece’s bonds out of junk status. The number of migrant arrivals has dropped off 90 percent since the crisis in 2015, but also significantly since Mr. Mitsotakis took office four years ago.“A European success story,” The Economist called Greece under Mr. Mitsotakis.But he argues that he needs another four years to finish the job. Greece, which still has the European Union’s highest national debt, is also the bloc’s second-poorest nation, after Bulgaria. Tax evasion is still common, and the country’s judicial system is so slow that it scares off investors.Critics of Mr. Mitsotakis say that, apart from the economy, he represents a danger to Greece’s values, and that Europe is diverting its eyes as it focuses on the financials and the declining number of migrants.Humanitarian groups have accused Mr. Mitsotakis of illegally pushing back migrants by land and sea. He has hardly run away from the issue, recently visiting Lesbos, the Greek island that became synonymous with the abominable conditions of its Moria camp, which was crammed with 20,000 refugees before burning down.“Moria is no more,” Mr. Mitsotakis said in the interview. “It simply doesn’t exist. I mean, you have olive groves and we have an ultramodern reception facility that’s been built with European money.” Critics have denounced the new camp’s prisonlike conditions, but Greeks overwhelmingly support his tough line.Mr. Mitsotakis during a campaign event on the island of Lesbos last week.Elias Marcou/ReutersEurope is “less on top of Greece for doing pushbacks and all the sort of things,” said Camino Mortera-Martinez, who heads the Brussels office for the Center for European Reform, a think tank.The latitude given Greece, she said, was in part recognition that the country had lived through a decade of brutal austerity. But it also reflected that Europe as a whole is “basically unable to help” Greece and other nations at the front line of the migration crisis, and therefore lets “these governments do what they do.”Migration aside, there are other more immediate concerns at home. In February, a train crash killed 57 people, exposing Greece’s rickety infrastructure and the limits of Mr. Mitsotakis’ talk of modernization. Reporters Without Borders deemed Greece the worst country in the European Union for press freedom in its 2023 index.Destroyed train cars at the site of a crash where two trains collided near the Greek city of Larissa in March.Angelos Tzortzinis for The New York TimesOver the summer, Mr. Mitsotakis’ top intelligence official got caught wiretapping journalists and politicians, including Nikos Androulakis, the leader of the opposition Pasok party and member of European Parliament. Mr. Mitsotakis denied, to the incredulity of many, knowing anything about it. Some of the people his intelligence services listened in on were also found to have illegal malware on their devices. The government has denied putting it there.But Mr. Mitsotakis, in a televised debate this month, conceded that Mr. Androulakis should not have been wiretapped. The spying was an especially bad idea, it turns out, because Mr. Androulakis’s support may prove pivotal to the election’s ultimate outcome.Yet the scandal is way down on voters’ list of priorities, as is Mr. Mitsotakis’ treatment of migrants.John Vrakas, 66, who was handing out fliers for Mr. Tsipras across from the square where Mr. Mitsotakis was due to speak, shrugged that Europe didn’t seem particularly bothered as long as the prime minister assuaged their concerns on the economy and Ukraine. “It’s a kind of trade,” he said.It is one that Greek voters seem happy to make.As Mr. Mitsotakis walked the streets, a bus driver reached out the window and clasped his hand. “Supporters until the end,” chanted a group of men in front of a cafe. “We trust you,” a woman shouted from her jewelry shop.What “resonates in Europe,” Mr. Mitsotakis said, was that his was an “anti-populist government” that had brought much-appreciated stability back to Greece in a rough region.He got up from the interview in a small and otherwise empty restaurant, and shook more hands on the way to the square, where he launched into a short stump speech interrupted by chiming church bells.“I’m not sure who they are tolling for,” Mr. Mitsotakis exclaimed, “but not for us.”In Athens this month.Orestis Panagiotou/EPA, via ShutterstockNiki Kitsantonis More

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      Fox News Remains an Aberration in American Journalism

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      The decision by Dominion Voting Systems on Tuesday to settle its defamation suit against Fox News is no doubt a disappointment to the many people who have been viciously demeaned and insulted by the network’s hosts over the years and who now won’t get to see those hosts writhe on the witness stand as they are forced to admit their lies. But the settlement is also a lost opportunity for the profession of journalism.A six-week trial, especially if it ended in a victory for Dominion, could have demonstrated to the public in painstaking detail what an abject aberration Fox has become among American news organizations. In-person testimony would have illustrated what the pre-trial evidence had begun to show: that Fox hosts and executives knew full well that the conspiracy theories they peddled about the outcome of the 2020 election were false, but they broadcast them anyway to hang on to viewers who didn’t want to hear the truth. A loss by Fox, with a staggering damage award, would have demonstrated that its behavior was so exceptional and outrageous that it had to be punished.People inclined to believe that all news organizations deliberately lie to build their audience may not consider Fox’s actions to be the least bit aberrant. But if that were true, there would be a lot more trials like the one that almost happened in this case. In fact, there have been very few media trials in recent years — usually in the single digits each year, according to one study — compared with the thousands of civil trials each year. Most defamation cases are dismissed before they ever get near a trial, in part because the plaintiff could not come close to proving a news organization met the “actual malice” standard set out in the landmark New York Times v. Sullivan case of 1964, but also often because the plaintiff couldn’t even convince the judge that the defamatory material was false. News organizations also win dismissals by persuading judges that the material at issue was a legitimate opinion or was a “fair report” of allegations made at a public meeting or trial.Fox couldn’t persuade a judge of any of those defenses. In fact, the judge in this case, Eric Davis, ruled in March that it “is CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true” — a decision that was a huge setback for Fox and may have led to its eagerness to settle the case.Most defamation cases that are not dismissed are settled before trial, and the Dominion case essentially fits that pattern even though a jury had already been selected. But the size of the monetary settlement that Fox must pay, $787.5 million, also makes it a huge outlier. The next-largest publicly disclosed settlement of a defamation case against a major news organization was reached in 2017, when ABC News settled a case for at least $177 million. (Alex Jones, who was ordered last year to pay over $1.4 billion to families of victims in the Sandy Hook shooting, is not part of a legitimate news organization.)Still, nothing would have compared with a full-length trial in this case and a victory for Dominion, which many legal experts said was a strong possibility. That kind of defeat for a major news organization almost never happens, and the reason is that unlike their counterparts at Fox, journalists in conventional newsrooms don’t actually plot to deceive their audiences. They might make mistakes, they might be misled by a source or cast a story in a way they later regret, but with very rare exceptions they don’t deliberately lie.The emails and text messages demonstrating Fox’s knowing deceit, which came out in pre-trial discovery, were shocking both in their cynicism and in their deviation from industry norms. Vociferous press critics on the right and the left will scoff at this notion, but the fact is that journalists in functional newsrooms want to tell the truth. And they do so not because they fear getting sued but because that’s why they got into the business. I’ve worked for more than four decades in six American newsrooms, large and small, and the pattern of behavior shown by Fox would have been unthinkable in any of them at any time.That’s why a loss by Fox would not have raised significant press freedom issues, nor would it have increased the threat that journalists would regularly be sued for defamation. Because of the Sullivan case, news organizations are protected from libel judgments if they do not recklessly disregard the truth or engage in actual malice, which almost all newsrooms scrupulously avoid doing. Fox, however, sped right past those red lights, got caught and then spent an enormous amount of money to avoid the stain of a potential guilty verdict and the spectacle of its chairman, Rupert Murdoch, testifying to its dysfunction. (The company again demonstrated its disdain for the truth by issuing a statement on Tuesday afternoon saying the settlement demonstrated its “commitment to the highest journalistic standards.”) A second chance at clarity is coming with a libel suit against Fox by a different voting-technology company, Smartmatic. Maybe this time the opportunity to perform a public service by conducting a trial will outweigh the temptation of a Fox settlement offer.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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      What Next for Dominion After Its $787.5 Million Fox Settlement

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      The election technology company has several more defamation lawsuits pending against public figures and news outlets.Dominion Voting Systems did more on Tuesday than settle its lawsuit against Fox News for $787.5 million: It also set the tone for the many related defamation cases it has filed. Legal experts say the settlement with Fox News, one of the largest defamation payouts in American history, could embolden Dominion as it continues to defend its reputation, which it says was savaged by conspiracy theories about vote fraud during the 2020 election. The company has several cases pending against public figures including Mike Lindell, the MyPillow executive, and news outlets such as Newsmax.The targets of Dominion’s remaining lawsuits, few of which have deep pockets and legal firepower at Fox’s level, will likely take a cue from Dominion and Fox’s face-off, legal experts said.“Even though it was a settlement, it certainly was a victory for Dominion,” said Margaret M. Russell, a law professor at Santa Clara University. “For other possible defendants, I don’t think this will make them double down; it will make them fearful.”Dominion is the second-largest election technology company operating in the United States, where there are few other major players. The company, whose majority owner is the private equity firm Staple Street Capital, was made “toxic” by the false fraud narratives in 2020, one of Staple Street’s founders said in court documents. At one point, Dominion estimated that misinformation cost it $600 million in profits.Fox said in its court filings that Dominion did not have to lay off employees, close offices or default on any debts, nor did it suffer any canceled business contracts as a result of the news network’s coverage. Fox said in one filing that Dominion had projected $98 million in revenue for 2022, which would make Tuesday’s settlement the equivalent of eight years of sales.Dominion’s customers are largely officials who oversee voting in states and counties around the country; the company served 28 states, as well as Puerto Rico, in the 2020 election. The false stories about fraud that were directed at the company were embraced by some local election officials.In court documents, an expert enlisted by Dominion said that the company had very low early contract termination rates and very high contract renewal rates before the 2020 election, but blamed the preoccupation with the false fraud claims for prompting some clients to exit deals after the vote.Now, Dominion has emerged from its tussle with Fox in a stronger position to win back any skittish clients or score new business, legal experts said.Last month, the judge in Dominion’s case against Fox reviewed evidence of the false claims and wrote that it “is CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true,” effectively confirming that the company was aboveboard.The secretary of state of New Mexico, Maggie Toulouse Oliver, applauded Tuesday’s settlement.“The harm done by election lies/denialism since 2020 is immeasurable, but this settlement against Fox News provides accountability & sends a strong message we’re happy to see,” Ms. Toulouse Oliver wrote on Twitter. During the midterm primaries last year, she blamed “unfounded conspiracy theories” when she sued officials in Otero county who had cited concerns about Dominion machines in their refusal to certify election results.Fox acknowledged in a statement on Tuesday that some of the claims it had made about Dominion were false, saying that the admission “reflects Fox’s continued commitment to the highest journalistic standards.”John Poulos, Dominion’s founder and chief executive, said in a statement on Tuesday that Fox caused “enormous damage” to his company and “nothing can ever make up for that.” He also thanked the election officials who make up Dominion’s clientele, and nodded to Staple Street’s support. “Lies have consequences,” a lawyer for Dominion Voting Systems said during a news conference.Pete Marovich for The New York TimesDominion drew some complaints that by settling, it had given up the opportunity to extract an apology from Fox or force it through a potentially embarrassing trial. An opinion article in the Daily Beast bemoaned that the voting technology company had “decided to step out of the ring with a bag of money instead of vanquishing one of the country’s most destructive and influential peddlers of hate and disinformation.”Mr. Poulos called the settlement “a big step forward for democracy” in an interview with ABC News broadcast on Wednesday.Legal experts noted that even if Dominion had prevailed in a jury verdict, it would have risked years of expensive battles over appeals from Fox.“The tort of defamation is not about saving democracy from liars,” said Enrique Armijo, a professor and First Amendment expert at Elon University School of Law. “It’s about saving the reputation of the people who have been lied about and making those liars compensate them for the harms to their reputations.”Fox still faces other legal challenges, including a $2.7 billion defamation lawsuit from another election technology company, Smartmatic. Fox said it planned to defend freedom of the press in the case and called Smartmatic’s damages claims “outrageous, unsupported and not rooted in sound financial analysis.” Smartmatic said in a statement that, after the Dominion settlement, it “will expose the rest” of the “misconduct and damage caused by Fox’s disinformation campaign.”Dominion, too, has more cases pending, including against the pro-Trump lawyer Rudolph W. Giuliani and One America News Network. Although the lawsuits involve similar false claims of election fraud, the facts of each case vary, experts said.Attorneys for Mr. Lindell and Mr. Giuliani did not immediately respond to requests for comment, nor did Newsmax or OAN.For the individuals and smaller companies facing legal claims, for whom a substantial jury judgment could be an “existential” threat, settlement may seem more attractive after Tuesday, Mr. Armijo said.“They’re not going to be able to put up the same level of defense that Fox did; they just don’t have the resources to do it,” he said. “It’s hard to see the other defamation defendants in the remaining cases getting any further than Fox did, which, as we saw, is not very far.” More

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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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      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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      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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      in Elections

      Trump and Fox News, Twin Titans of Politics, Hit With Back-to-Back Rebukes

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      Donald Trump’s criminal indictment and Fox News’s civil trial have nothing in common, but, combined, they delivered a rare reckoning for two forces that have transformed politics.For the better part of a decade, Donald J. Trump and his allies at Fox News have beguiled some Americans and enraged others as they spun up an alternative world where elections turned on fraud, one political party oppressed another, and one man stood against his detractors to carry his version of truth to an adoring electorate.Then this week, on two consecutive days, the former president and the highest-rated cable news channel were delivered a dose of reality by the American legal system.On Thursday, Mr. Trump became the first former president in history to be indicted on criminal charges, after a Manhattan grand jury’s examination of hush money paid to a pornographic film actress in the final days of the 2016 election.The next day, a judge in Delaware Superior Court concluded that Fox hosts and guests had repeatedly made false claims about voting machines and their supposed role in a fictitious plot to steal the 2020 election, and that Dominion Voting Systems’ $1.6 billion defamation lawsuit against the network should go to trial.A lawyer for Fox News, Dan Webb, center, leaving the first hearing for the Dominion v. Fox case in Wilmington, Del., on March 21.Hannah Beier for The New York TimesBoth defendants dispute the claims. Still, the back-to-back blows against twin titans of American politics landed as a reminder of the still-unfolding reckoning with the tumult of the Trump presidency.For the left, the seismic week delivered an “I told you so” years in the making. Democrats who have long wanted Mr. Trump criminally charged got the satisfaction of watching a prosecutor and a grand jury agree.A day later, after years of arguing that Fox News was hardly fair and balanced, they could read a judge’s finding that Fox had not conducted “good-faith, disinterested reporting” on Dominion. Fox argues that statements made on air alleging election fraud are protected by the First Amendment.While the two cases have nothing in common in substance, they share a rare and powerful potential. In both, any final judgments will be rendered in a courtroom and not by bickering pundits on cable news and editorial pages.“There will always be a remnant, no matter how the matter is resolved in court, who will refuse to accept the judgment,” said Norman Eisen, a government ethics lawyer who served as special counsel to the House Judiciary Committee during Mr. Trump’s first impeachment. “But when you look at other post-upheaval societies, judicial processes reduce factions down to a few hard-core believers.”He added, “A series of court cases and judgments can break the fever.”That, of course, could prove to be a Democrat’s wishful thinking.In this moment of constant campaigning and tribal partisanship, even the courts have had difficulty puncturing the ideological bubbles that Mr. Trump and Fox News pundits have created. The legal system produced a $25 million settlement of fraud charges against Trump University, dismissed dozens of lies about malfeasance in the 2020 election, pressed for the search for missing classified documents and ruled numerous times that Dominion’s machines did not in fact change votes.Yet hundreds of thousands of Americans remain devoted to both defendants.Embarrassing and damaging material has already come out through both cases, with little immediate sign of backlash..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Thousands of text messages, emails and other internal company documents disclosed to Dominion and released publicly portray high-level figures at the network as bent on maintaining ratings supremacy by giving audiences what they wanted, regardless of the truth.Texts show the star prime time host Tucker Carlson calling Mr. Trump a “demonic force,” and the chairman of Fox Corporation, Rupert Murdoch, describing Sean Hannity as “privately disgusted by Trump.”Fox News has said Dominion took private conversations out of context. Its ratings dominance appears untouched by the negative headlines in recent weeks. Data from Nielsen show that in March the 10 top-rated cable shows in America were all on Fox News, led by “Tucker Carlson Tonight,” and that 14 of the top 20 were produced by the network.Still, experts believe the case has already resonated.“I’ve never seen a case before where journalists said they didn’t believe the story they were telling but were going to keep telling it because it’s what the audience wanted to hear,” said Lyrissa Lidsky, a professor of constitutional law at the University of Florida and an expert on defamation law. “It’s a shock wave saying it’s time to get serious about accountability.”Democrats, too, could see their illusions fall. Although many have clamored to see Mr. Trump charged, and felt vindicated this week, the risks of failure are considerable.If Mr. Trump’s lawyers file to have the charges simply dismissed as prosecutorial overreach and quickly win, the consequences would almost certainly strengthen Mr. Trump, who will make the case — and possibly others to follow — central to his primary campaign.But in a court of law, the magnetism that Mr. Trump and Fox News have over their audiences may lose some of its power. No matter how many times the former president insists outside the courtroom that he’s the victim of a political prosecution, inside the courtroom his lawyers will have to address the specific charges. They will win or lose based on legal arguments, not bluster.“I’ve been around for 50 years, and I’ve heard the political argument before,” said Stanley M. Brand, a veteran Washington defense lawyer. Mr. Brand cited the “Abscam” bribery case of the 1970s, when the defendants accused President Jimmy Carter of orchestrating the bribery sting, or the investigation of Senator Robert G. Torricelli, which was also surrounded by charges of politics. “It’s never worked in a court of law.”Members of the media and protesters outside Trump Tower in New York City on Thursday.Hilary Swift for The New York TimesJames Bopp Jr., a conservative defense lawyer, said he agreed with virtually all Republicans that the Manhattan district attorney had coaxed his grand jury to bring forward a specious indictment for the political purpose of damaging Mr. Trump.But, he said, Mr. Trump’s lawyers must answer the charges, not grandstand on the politics.“A charge is not automatically dismissible because it’s brought for political purpose,” he said. “The motive of prosecutors may be pertinent to the broader society. It’s not pertinent to a judge.”The exact charges against Mr. Trump may not be known until he is arraigned on Tuesday. The grand jury that brought the indictment was examining payments to Stormy Daniels and the core question of whether those payments were illegally disguised as business expenditures, a misdemeanor that would rise to a felony if those payments could be labeled an illegal campaign expenditure.If past legal skirmishes are an indication, Mr. Trump is likely to drag the proceedings out for months, if not years, with motion after motion as he builds his third presidential campaign around what he called on Friday the “unprecedented political persecution of the president and blatant interference in the 2024 election.”Likewise, Fox News will almost certainly continue to frame the Dominion case as that of a corporation intent on stifling the First Amendment’s guarantees of free speech and freedom of the press.“This case is and always has been about the First Amendment protections of the media’s absolute right to cover the news,” the network said in a statement Friday.That may be left for a court to decide.Ken Bensinger More

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      in Elections

      Fox News Suffers Major Setback in Dominion Case

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      A judge said the suit would go to trial, for a jury to weigh whether the network knowingly spread false claims about Dominion Voting Systems, and to determine any damages.Fox News suffered a significant setback on Friday in its defense against a $1.6 billion defamation lawsuit that claims it lied about voter fraud in the 2020 election.A judge in Delaware Superior Court said the case, brought by Dominion Voting Systems, was strong enough to conclude that Fox hosts and guests had repeatedly made false claims about Dominion machines and their supposed role in a fictitious plot to steal the election from President Donald J. Trump.“The evidence developed in this civil proceeding,” Judge Eric M. Davis wrote, demonstrates that it “is CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true.”Judge Davis said the case would proceed to trial, for a jury to weigh whether Fox spread false claims about Dominion while knowing that they were untrue, and to determine any damages. The trial is expected to begin April 17.But he rejected much of the heart of Fox’s defense: that the First Amendment protected the statements made on its air alleging that the election had somehow been stolen. Fox has argued that it was merely reporting on allegations of voter fraud as inherently newsworthy and that any statements its hosts made about supposed fraud were covered under the Constitution as opinion.“It appears oxymoronic to call the statements ‘opinions’ while also asserting the statements are newsworthy allegations and/or substantially accurate reports of official proceedings,” Judge Davis said.For example, in a “Lou Dobbs Tonight” broadcast on Nov. 24, 2020, Mr. Dobbs said: “I think many Americans have given no thought to electoral fraud that would be perpetrated through electronic voting; that is, these machines, these electronic voting companies including Dominion, prominently Dominion, at least in the suspicions of a lot of Americans.”The judge said that statement was asserting a fact, rather than an opinion, about Dominion.Under defamation law, Dominion must prove that Fox either knowingly spread false information or did so with reckless disregard for the truth, meaning that it had reason to believe that the information it broadcast was false.Numerous legal experts have said that Dominion has presented ample evidence that Fox hosts and producers were aware of what they were doing.RonNell Andersen Jones, a law professor and First Amendment scholar at the University of Utah’s S.J. Quinney College of Law, said the judge had signaled that he disagreed with many of Fox’s arguments.“The case will head to the jury with several of the key elements already decided in Dominion’s favor,” Ms. Anderson Jones said.Dominion, in a statement, said: “We are gratified by the court’s thorough ruling soundly rejecting all of Fox’s arguments and defenses, and finding as a matter of law that their statements about Dominion are false. We look forward to going to trial.”A spokeswoman for Fox said the case “is and always has been about the First Amendment protections of the media’s absolute right to cover the news.”“Fox will continue to fiercely advocate for the rights of free speech and a free press as we move into the next phase of these proceedings,” she added.Both parties had asked for the judge to grant summary judgment, meaning to rule in their favor on the merits of the evidence that each side had produced so far, including at a pretrial hearing last week. Dominion has argued that texts and emails between Fox executives and hosts proved that many knew the claims were false but put them on the air anyway.Fox has accused Dominion of cherry-picking evidence and argued that the First Amendment protected it because it was reporting on newsworthy allegations.In Friday’s decision, Judge Davis said damages, if they were awarded to Dominion, would be calculated by the jury. Lawyers for Fox pushed back on Dominion’s claim for $1.6 billion in previous hearings, arguing that the company had overstated its valuation and failed to show it suffered any loss of business.Fox has argued that Fox Corp, the parent company of Fox News, was not involved in the broadcasting of the allegedly defamatory statements. In the decision, the judge left that question up to a jury.The case is the highest profile so far to test whether allies of former President Donald J. Trump would be held accountable for spreading falsehoods about the 2020 election. The prosecutions of those who were at the Capitol on Jan. 6, 2021, have mostly been focused on petty criminals and low-level agitators.Major revelations have been buried in the suit’s filings. Hundreds of pages of internal emails and messages in the weeks around the 2020 election, some of which were redacted, showed that many Fox executives and hosts did not believe the false claims of voter fraud they were broadcasting and made derogatory comments about Mr. Trump and his legal advisers.Tucker Carlson, the popular prime-time host, described Mr. Trump as “a demonic force, a destroyer” in a text with his producer. In a separate message to the host Laura Ingraham, Mr. Carlson said Sidney Powell, Mr. Trump’s lawyer, was lying about the fraud claims, but “our viewers are good people and they believe it.”The trove of messages also revealed the panic inside Fox News in the weeks after the election. Leaders including Suzanne Scott, the network’s chief executive, and Rupert Murdoch, the chairman of its parent company, fretted about angering viewers who felt the network had betrayed Mr. Trump when it correctly called Arizona for Joseph R. Biden Jr.As some of those viewers left for more right-wing channels like Newsmax in the days after the election, Ms. Scott told Mr. Murdoch in an email that she intended to “pivot but keep the audience who loves us and trusts us.” She added: “We need to make sure they know we aren’t abandoning them and still champions for them.”Mr. Murdoch acknowledged in his deposition that some Fox News hosts had “endorsed” the false fraud claims. He added that he “would have liked us to be stronger in denouncing it in hindsight.”The suit has also had a recent complicating factor: A former Fox News producer filed her own lawsuits against the company this month, claiming that the network’s lawyers coerced her into giving a misleading testimony in the Dominion case. Fox News fired the producer, Abby Grossberg, who worked for the host Maria Bartiromo and Mr. Carlson, after she filed the complaints.On Monday, Ms. Grossberg’s lawyers filed her errata sheet, which witnesses use to correct mistakes in their depositions. She revised her comments to say she did not trust the producers at Fox with whom she worked because they were “activists, not journalists, and impose their political agendas on the programming.”Judge Davis’s ruling sets the stage for one of the most consequential media trials in recent history, with the possibility that Fox executives and hosts could be called to testify in person.In several recent hearings, the judge indicated that he was losing patience with Fox lawyers and their objections to Dominion’s efforts to introduce evidence into the record. And he said on Friday that he believed Dominion was correct in asserting that Fox had not “conducted good-faith, disinterested reporting.” More