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      Analyzing Shiv’s Decision on ‘Succession’ With a Feminist Text

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      Still grappling with the finale of the hit HBO series? An article by a feminist theorist could be surprisingly helpful with understanding the deals that patriarchal systems offer women.Did you watch the finale of “Succession” on HBO this week? If so, did the final shot of Tom and Shiv in their car make you think of “Bargaining With Patriarchy,” Deniz Kandiyoti’s 1988 article that is a classic feminist text?Me too! And not just because “Bargaining With Patriarchy” would make an extremely literal three-word summary of the entire series. For while “Succession” was not overtly about the patriarchy, it is unquestionably about a patriarchy.“Succession,” for those unfamiliar, follows the exploits of the Roy family: literal patriarch Logan, an aging media baron in the mold of Rupert Murdoch, and his adult children. Most of the show’s plot was driven by his son Kendall’s various failed efforts to dethrone or succeed him, some of which roped in Kendall’s sister, Shiv, and/or his brother Roman.Which brings me to Kandiyoti, the feminist theorist whose groundbreaking work is surprisingly helpful for understanding today’s HBO hit.The “bargain” of her article’s title refers to the side deal that patriarchal systems offer to women: If they help protect men’s interests by serving their husbands and sons, and conforming to the conventions of propriety that protect their family’s reputation, then they can also enjoy some privileges — and even exercise limited power over other, less-fortunate women.The traditional bargain for many Indian women, for instance, was that they wouldn’t own their own property or inherit family assets, but would be supported by their husbands while young and by sons in old age.But the benefits of those bargains were always contingent on women’s relationships to men, Kandiyoti wrote. In the wake of a relevant man’s divorce, death or estrangement, the protections and power derived from him would crumble, with no guarantee that another man would take his place.(Now for the required warning: “Succession” spoilers appear below.)One way to view the events of “Succession” is as the story of Kendall’s tragic misapprehension of his position in the family under his father’s patriarchy. He thought that as a son — the “eldest boy,” as he yowled angrily (and incorrectly) in the final episode — he was set to inherit everything. But actually, in patriarchal terms of power and position though not actual gender, he was effectively as vulnerable as a wife or daughter trapped in Logan’s orbit.It’s one of the oldest political stories in the world: Someone supports an oppressive system thinking that they will one day be on top, only to discover they have played into the mechanisms of their own oppression.The Roy children’s mistake was that they failed to realize that they only enjoyed privilege through Logan. If the kids played by the rules of that patriarchy, he granted them money and sinecures and even sometimes authority over those outside the family.But it was all dependent on their relationship with him, which was horribly abusive. Over the course of four seasons, he insulted, belittled, manipulated, gaslit and even physically attacked his children. He controlled their money, undermined their relationships and demanded absolute loyalty. He cut off avenues of escape, promising them the world but never delivering it.So none of the children had independent power bases that might have come from, say, building their own companies or from doing real jobs within their father’s empire. (Tellingly, the show rarely depicted the Roy kids actually working for the Waystar Royco empire.) The patriarchal bargain was all they had.Kendall, in particular, had no skills useful to the rest of the world. As he correctly told his sister when begging her to support his bid for C.E.O. in the final episode, he was a cog that had been made to fit only one machine. Except that the machine in question was not, as he had thought, the Waystar Royco corporation. The machine was his relationship with his dad. And that died with Logan.This is the dirty secret of patriarchal systems, Kandiyoti wrote: Once women have been co-opted into giving up power, they have no ability to enforce the bargain that drew them into that situation in the first place, especially once new men take control.“For the generation of women caught in between,” she wrote, “this transformation may represent genuine personal tragedy, since they have paid the heavy price of an earlier patriarchal bargain, but are not able to cash in on its promised benefits.”For Kendall, tragedy came not only when he lost out on the corporate power he craved, but also when his siblings abandoned him.But perhaps a lifetime of ambient misogyny meant that Shiv Roy, the only actual daughter of the family, was best placed to recognize that situation for what it was. That could explain why she ultimately backed her husband as the new C.E.O.: At the last minute, she may have realized that her old patriarchal bargain was worthless, but unlike her brothers, she managed to strike a new one. More

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      Inside Fox’s Legal and Business Debacle

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      In August 2021, the Fox Corporation board of directors gathered on the company’s movie studio lot in Los Angeles. Among the topics on the agenda: Dominion Voting Systems’ $1.6 billion defamation lawsuit against its cable news network, Fox News.The suit posed a threat to the company’s finances and reputation. But Fox’s chief legal officer, Viet Dinh, reassured the board: Even if the company lost at trial, it would ultimately prevail. The First Amendment was on Fox’s side, he explained, even if proving so could require going to the Supreme Court.Mr. Dinh told others inside the company that Fox’s possible legal costs, at tens of millions of dollars, could outstrip any damages the company would have to pay to Dominion.That determination informed a series of missteps and miscalculations over the next 20 months, according to a New York Times review of court and business records, and interviews with roughly a dozen people directly involved in or briefed on the company’s decision-making.The case resulted in one of the biggest legal and business debacles in the history of Rupert Murdoch’s media empire: an avalanche of embarrassing disclosures from internal messages released in court filings; the largest known settlement in a defamation suit, $787.5 million; two shareholder lawsuits; and the benching of Fox’s top prime-time star, Tucker Carlson.And for all of that, Fox still faces a lawsuit seeking even more in damages, $2.7 billion, filed by another subject of the stolen-election theory, the voting software company Smartmatic, which can now build on the evidence produced in the Dominion case to press its own considerable claims.In the month since the settlement, Fox has refused to comment in detail on the case or the many subsequent setbacks. That has left a string of unanswered questions: Why did the company not settle earlier and avoid the release of private emails and texts from executives and hosts? How did one of the most potentially prejudicial pieces of evidence — a text from Mr. Carlson about race and violence — escape high-level notice until the eve of the trial? How did Fox’s pretrial assessment so spectacularly miss the mark?Repeatedly, Fox executives overlooked warning signs about the damage they and their network would sustain, The Times found. They also failed to recognize how far their cable news networks, Fox News and Fox Business, had strayed into defamatory territory by promoting President Donald J. Trump’s election conspiracy theories — the central issue in the case. (Fox maintains it did not defame Dominion.)When pretrial rulings went against the company, Fox did not pursue a settlement in any real way. Executives were then caught flat-footed as Dominion’s court filings included internal Fox messages that made clear how the company chased a Trump-loving audience that preferred his election lies — the same lies that helped feed the Jan. 6 Capitol riots — to the truth.It was only in February, with the overwhelming negative public reaction to those disclosures, that Mr. Murdoch and his son with whom he runs the company, Lachlan Murdoch, began seriously considering settling. Yet they made no major attempt to do so until the eve of the trial in April, after still more damaging public disclosures.At the center of the action was Mr. Dinh and his overly rosy scenario.Mr. Dinh declined several requests for comment, and the company declined to respond to questions about his performance or his legal decisions. “Discussions of specific legal strategy are privileged and confidential,” a company representative said in a statement.Defenders of Mr. Dinh, a high-level Justice Department official under President George W. Bush, say his initial position was sound. Because of the strength of American free speech protections, Dominion needed to clear a high bar. And unfavorable rulings from the Delaware judge who oversaw the case hurt Fox’s chances, they argue.“I think Viet and Fox carried out just the right strategy by moving down two paths simultaneously — first, mounting a strong legal defense, one that I think would have eventually won at the appellate stage, and, second, continuously assessing settlement opportunities at every stage,” said William P. Barr, the former attorney general under Mr. Trump who worked with Mr. Dinh earlier in his career. Of course, the case would have been difficult for any lawyer. As the internal records showed, executives knew conspiracy theories about Dominion were false yet did not stop hosts and guests from airing them.That placed Fox in the ultimate danger zone, where First Amendment rights give way to the legal liability that comes from knowingly promoting false statements, referred to in legalese as “actual malice.”An Unanswered LetterMaria Bartiromo was the first Fox host to air the Dominion conspiracy theory.Roy Rochlin/Getty ImagesThe fall of 2020 brought Fox News to a crisis point. The Fox audience had come to expect favorable news about President Trump. But Fox could not provide that on election night, when its decision desk team was first to declare that Mr. Trump had lost the critical state of Arizona.In the days after, Mr. Trump’s fans switched off in droves. Ratings surged at the smaller right-wing rival Newsmax, which, unlike Fox, was refusing to recognize Joseph R. Biden’s victory.The Fox host who was the first to find a way to draw the audience back was Maria Bartiromo. Five days after the election, she invited a guest, the Trump-aligned lawyer Sidney Powell, to share details about the false accusations that Dominion, an elections technology company, had switched votes from Mr. Trump to Mr. Biden.Soon, wild claims about Dominion appeared elsewhere on Fox, including references to the election company’s supposed (but imagined) ties to the Smartmatic election software company; Hugo Chávez, the Venezuelan dictator who died in 2013; George Soros, the billionaire investor and Democratic donor; and China.On Nov. 12, a Dominion spokesman complained to the Fox News Media chief executive, Suzanne Scott, and the Fox News Media executive editor, Jay Wallace, begging them to make it stop. “We really weren’t thinking about building a litigation record as much as we were trying to stop the bleeding,” Thomas A. Clare, one of Dominion’s lawyers, said recently at a post-mortem discussion of the case held by a First Amendment advocacy group, the Foundation for Individual Rights and Expression.As Fox noted in its court papers, its hosts did begin including company denials. But as they continued to give oxygen to the false allegations, Dominion sent a letter to the Fox News general counsel, Lily Fu Claffee, demanding that Fox cease and correct the record. “Dominion is prepared to do what is necessary to protect its reputation and the safety of its employees,” the letter warned.It came amid more than 3,600 messages that Dominion sent debunking the conspiracy theories to network hosts, producers and executives in the weeks after the election.Such letters often set off internal reviews at news organizations. Fox’s lawyers did not conduct one. Had they done so, they may have learned of an email that Ms. Bartiromo received in November about one of Ms. Powell’s original sources on Dominion.The source intimated that her information had come from a combination of dreams and time travel. (“The wind tells me I’m a ghost but I don’t believe it,” she had written Ms. Powell.)Dan Novack, a First Amendment lawyer, said that if he ever stumbled upon such an email in a client’s files, he would “physically wrest my client’s checkbook from them and settle before the police arrive.”Fox, however, did not respond to the Dominion letter or comply with its requests — now a key issue in a shareholder suit filed in April, which maintains that doing so would have “materially mitigated” Fox’s legal exposure.The CaseDominion’s chief executive, John Poulos, at a news conference in April after the company settled its defamation suit against Fox.Pete Marovich for The New York TimesThree months after the election, another voting technology company tied to the Dominion conspiracy, Smartmatic, filed its own defamation suit against Fox, seeking $2.7 billion in damages. Dominion told reporters that it was preparing to file one, too.Mr. Dinh was publicly dismissive.“The newsworthy nature of the contested presidential election deserved full and fair coverage from all journalists, Fox News did its job, and this is what the First Amendment protects,” Mr. Dinh said at the time in a rare interview with the legal writer David Lat. “I’m not at all concerned about such lawsuits, real or imagined.”Mr. Dinh was saying as much inside Fox, too, according to several people familiar with his actions at the time. His words mattered.A refugee of Vietnam who fled the Communist regime and landed with his family in the United States virtually penniless, he graduated from Harvard and Harvard Law and was a clerk for Justice Sandra Day O’Connor. As an assistant attorney general for George W. Bush, he helped draft the Patriot Act expanding government surveillance powers. He and Lachlan Murdoch later became so close that Mr. Dinh, 55, is godfather to one of Mr. Murdoch’s sons.Mr. Dinh took a hands-on approach to the Dominion case, and eventually split with a key member of the outside team, Charles L. Babcock of Jackson Walker, according to several people with knowledge of the internal discussions.After disagreement over the best way to formulate Fox’s defense, Jackson Walker and Fox parted ways. George Freeman, executive director of the Media Law Resource Center and a former assistant general counsel for The Times, said Mr. Babcock’s exit had left Fox down a seasoned defamation defense lawyer. “He’s probably the best trial lawyer in the media bar,” Mr. Freeman said.By then, Mr. Dinh was fashioning the legal team more in his own image, having brought in a longtime colleague from the Bush administration, the former solicitor general Paul Clement.Mr. Clement’s presence on the Fox team was itself an indication of Mr. Dinh’s willingness to take the case all the way to the Supreme Court — few members of the conservative legal bar had more experience there.Mr. Dinh hired Dan Webb, a former U.S. attorney, for the role of lead litigator, succeeding Mr. Babcock. Mr. Webb was known for representing a beef manufacturer that sued ABC News over reports about a product sometimes referred to as “pink slime.” The case was settled in 2017 for more than $170 million.The Fox legal team based much of the defense on a doctrine known as the neutral reportage privilege. It holds that news organizations cannot be held financially liable for damages when reporting on false allegations made by major public figures as long as they don’t embrace or endorse them.“If the president of the United States is alleging that there was fraud in an election, that’s newsworthy, whether or not there’s fraud in the election,” Mr. Clement told Jim Geraghty, a writer for National Review and The Washington Post. “It’s the most newsworthy thing imaginable.”Fox remained so confident, the company said in reports to investors that it did not anticipate the suit would have “a material adverse effect.”But the neutral reportage privilege is not universally recognized. Longtime First Amendment lawyers who agree with the principle in theory had their doubts that it would work, given that judges have increasingly rejected it.“Most astute media defamation defense lawyers would not, and have not for a very long time, relied on neutral reportage — certainly as a primary line of defense, because the likelihood that a court would accept it as a matter of First Amendment law has continued to diminish over time,” said Lee Levine, a veteran media lawyer. An early warning came in late 2021. The judge in the case, Eric M. Davis, rejected Fox’s attempt to use the neutral reportage defense to get the suit thrown out altogether, determining that it was not recognized under New York law, which he was applying to the case. Even if it was recognized, Fox would have to show it reported on the allegations “accurately and dispassionately,” and Dominion had made a strong argument that Fox’s reporting was neither, the judge wrote in a ruling.That ruling meant that Dominion, in preparing its arguments, could have access to Fox’s internal communications in discovery.That was a natural time to settle. But Fox stuck with its defense and its plan, which always foresaw a potential loss at trial. “There was a strong belief that the appeal could very well be as important, or more important, than the trial itself,” Mr. Webb said at the post-mortem discussion of the case with Mr. Clare.Things Fall ApartText messages that came to light in the Dominion case included assertions by the Fox host Tucker Carlson that voter fraud could not have made a material difference in the election.Rebecca Noble for The New York TimesFox executives did not foresee how daunting the discovery process would become.At nearly every step, the court overruled Fox’s attempts to limit Dominion’s access to private communications exchanged among hosts, producers and executives. The biggest blow came last summer, after a ruling stating that Dominion could review messages from the personal phones of Fox employees, including both Murdochs.The result was a treasure trove of evidence for Dominion: text messages and emails that revealed the doubts that Rupert Murdoch had about the coverage airing on his network, and assertions by many inside Fox, including Mr. Carlson, that fraud could not have made a material difference in the election.The messages led to even more damaging revelations during depositions. After Dominion’s lawyers confronted Mr. Murdoch with his own messages showing he knew Mr. Trump’s stolen election claims were false, he admitted that some Fox hosts appeared to have endorsed stolen election claims.That appeared to have undermined Fox’s defense. But Mr. Dinh told Mr. Murdoch afterward that he thought the deposition had gone well, according to a person who witnessed the exchange. Mr. Murdoch then pointed a finger in the direction of the Dominion lawyer who had just finished questioning him and said, “I think he would strongly disagree with that.”During Mr. Carlson’s deposition last year, Dominion’s lawyers asked about his use of a crude word to describe women — including a ranking Fox executive. They also mentioned a text in which he discussed watching a group of men, who he said were Trump supporters, attack “an Antifa kid.” He lamented in the text, “It’s not how white men fight,” and shared a momentary wish that the group would kill the person. He then said he regretted that instinct.Mr. Carlson felt blindsided by the extent of the questions, according to associates and confirmed by a video leaked to the left-leaning group Media Matters: “Ten hours,” he exclaimed to people on the set of his show, referring to how long he was questioned. “It was so unhealthy, the hate I felt for that guy,” he said about the Dominion lawyer who had questioned him.There is no indication that Mr. Carlson’s texts tripped alarms at the top of Fox at that point.The alarms rang in February, when reams of other internal Fox communications became public. The public’s reaction was so negative that some people at the company believed that a jury in Delaware — which was likely to be left-leaning — could award Dominion over a billion dollars. Yet the company made no serious bid to settle.With prominent First Amendment lawyers declaring that Dominion had an exceptionally strong case, a siege mentality appeared to set in.In the interview with Mr. Geraghty, Mr. Clement said Fox was being singled out for its politics. Unlike mainstream media, which tend to report on major events the same way and have power in numbers, he said, “conservative media, or somebody like Fox, is in a much more vulnerable position.” He added, “If they report it, and the underlying allegations aren’t true, they’re much more out there on an island.”Reflecting the view of Mr. Dinh’s supporters even now, Mr. Barr, the former attorney general, said the “mainstream media stupidly cheered on Dominion’s case,” which he said they would come to regret because it would weaken their First Amendment protections. (He made a similar argument in March in The Wall Street Journal.)But Judge Davis had determined that Fox had set itself apart by failing to conduct “good-faith, disinterested reporting” in the segments at issue in the suit. That was in large part why, just ahead of opening statements, he ruled that Fox could not make neutral reportage claims that the conspiracy theory was newsworthy at the trial, knocking out a pillar of Fox’s strategy. (He also ruled that Fox had, indeed, defamed the company in airing the false statements.)Mr. Webb, who had already drafted much of his opening statement and tested it with a focus group, had to remove key parts of his remarks, he said in the post-trial discussion with Mr. Clare.The Directors Step InRupert and Lachlan Murdoch. Rupert Murdoch acknowledged in a deposition that several hosts for his networks promoted the false narrative that the 2020 election was stolen from President Donald J. Trump.Drew Angerer/Getty ImagesAll along, the Fox board had been taking a wait-and-see approach.But the judge’s pretrial decisions began to change the board’s thinking. Also, in those final days before the trial, Fox was hit with new lawsuits. One, from the former Fox producer Abby Grossberg, accused Mr. Carlson of promoting a hostile work environment. Another, filed by a shareholder, accused the Murdochs and several directors of failing to stop the practices that made Fox vulnerable to legal claims.The weekend before trial was to begin, with jury selection already underway, the board asked Fox to see the internal Fox communications that were not yet public but that could still come out in the courtroom.That Sunday, the board learned for the first time of the Carlson text that referred to “how white men fight.” Mr. Dinh did not know about the message until that weekend, according to two people familiar with the matter. Fox’s lawyers believed it would not come out at trial, because it was not relevant to the legal arguments at hand. The board, however, was concerned that Dominion was prepared to use the message to further undermine the company with the jury.In an emergency meeting that Sunday evening, the board — with an eye on future lawsuits, including those from Smartmatic and Ms. Grossberg — decided to hire the law firm Wachtell, Lipton Rosen & Katz to investigate whether any other problematic texts from Mr. Carlson or others existed.Over that same weekend, Lachlan Murdoch told his settlement negotiators to offer Dominion more than the $550 million for which he had already received board approval.In interviews, people with knowledge of the deliberations disagreed about how much Mr. Carlson’s text contributed to the final $787.5 million settlement price.By the time the board learned of the message, the Murdochs had already determined that a trial loss could be far more damaging than they were initially told to expect. A substantial jury award could weigh on the company’s stock for years as the appeals process played out.“The distraction to our company, the distraction to our growth plans — our management — would have been extraordinarily costly, which is why we decided to settle,” Lachlan Murdoch said at an investment conference this month.But there was broad agreement among people with knowledge of the discussions that the Carlson text, and the board’s initiation of an investigation, added to the pressure to avoid trial.The text also helped lead to the Murdochs’ decision a few days later to abruptly pull Mr. Carlson off the air. Their view had hardened that their top-rated star wasn’t worth all the downsides he brought with him.Fox’s trouble has not ended. In the weeks since the settlement and Mr. Carlson’s ouster, prime-time ratings have dropped (though Fox remains No. 1 in cable news), and new plaintiffs sued the network, most recently a former Homeland Security official, Nina Jankowicz.As one of Ms. Jankowicz’s lawyers said in an interview, the Dominion case “signals that there is a path.”Still pending is the Smartmatic suit. In late April, Fox agreed to hand over additional internal documents relating to several executives, including the Murdochs and Mr. Dinh. In a statement reminiscent of Mr. Dinh’s early view of the Dominion case, the network said that the $2.7 billion in damages sought by Smartmatic — operating in only one county in 2020 — were implausible and that Fox was protected by the First Amendment.“We will be ready to defend this case surrounding extremely newsworthy events when it goes to trial, likely in 2025,” the statement said. More

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      Covering Dominion’s Defamation Lawsuit Against Fox

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      Katie Robertson, a media reporter for The New York Times, was in court in Wilmington, Del., when Fox News and Dominion Voting Systems agreed to settle for a staggering $787.5 million.Times Insider explains who we are and what we do and delivers behind-the-scenes insights into how our journalism comes together.The first sign that things were amiss came Sunday evening, the day before what was supposed to be the most high-profile media defamation trial in decades was set to begin.I was eating dinner with a few New York Times colleagues at a hotel restaurant close to the courthouse in Wilmington, Del., where Fox News was facing a defamation lawsuit filed by Dominion Voting Systems. We, along with journalists from what seemed like every media outlet in the country, and more than a few from overseas, had expected to spend the next six weeks writing articles on the trial.But around 8 p.m., we received an email from the Delaware Superior Court. It said Judge Eric M. Davis had decided to delay the trial’s start by a day, though it offered no reasons for the move.While one of my Times colleagues fielded calls from our editors, the rest of us tried to riddle out the cause of the delay. Was Fox about to settle, or was a commonplace court issue at play? At the restaurant, we spotted a couple of lawyers for Dominion. They were casually drinking by the hotel bar, seemingly unbothered by the turn of events.Fox News was on trial for defaming Dominion by linking its voting technology to a vast conspiracy of fraud in the 2020 presidential election. But the trial was about more than that.Some saw it as a chance for accountability for the lies about a stolen election, pushed by former President Donald J. Trump. The trial touched on questions about a divided country and the role the media plays in those divisions, about echo chambers and the distortion of facts, about how a country operates as a democracy in an age of misinformation.It was also a test of First Amendment protections for the press, placing some libel experts in a curious position: cheering on a case against a media company when they were typically the first to warn of the dangers of such a thing.Media reporters at The Times had covered the lead-up to the trial since the lawsuit was filed in March 2021. Since January, I had pored over hundreds of pages of exhibits and attended numerous pretrial hearings. I’d gone back and forth from Wilmington enough times to warn my colleagues which hotels to avoid.Since the judge would not allow filming or recording inside the court, the Media team at The Times had planned to provide readers with real-time updates of the trial with a daily newsletter and a live blog.We were expecting to see some high-profile witnesses testify, too — including Rupert Murdoch, the 92-year-old head of the Murdoch media empire that owns Fox News, and a few of the network’s top-rated hosts. A tent had been erected at the back of the courthouse to shield some of the witnesses when they entered and exited. (A source told me the tent had been set up by the Delaware Capitol Police after Fox told the court that some of its witnesses had received threats.)Two days after the judge’s announcement, on Tuesday morning, we watched the jury selection. My colleagues Jeremy Peters and Jim Rutenberg were in the main courtroom, where reporters were allowed to have laptops only for taking notes; they weren’t allowed to use the internet. I watched the proceedings from an overflow room next door, where I was able to connect to the internet and report live updates on the proceedings.After a lunch break, lawyers for Dominion and Fox were ready to give their opening statements. The minutes, though, ticked by — no judge or jury had entered the courtroom. After about two hours of waiting, we saw the lawyers speaking quietly on their cellphones and occasionally ducking into the judge’s chambers for brief, private meetings.Then Judge Davis came out and addressed the court: “The parties have resolved the case.” It was all over before it began.Journalists scrambled to try to catch the lawyers as they were leaving. Fox’s legal team didn’t make any comments, but Dominion’s lead lawyers set up an impromptu news conference in front of the courthouse and told us the details of the settlement.Fox had agreed to pay a staggering $787.5 million and acknowledged the court’s ruling that certain claims it had made about Dominion were false. Defamation cases are almost always settled before they get to trial. That we had gotten this far was a wonder in itself, but the settlement still caught me somewhat by surprise — and upended our carefully laid coverage plans.Still, Dominion’s case provided a rare glimpse into the inner workings of a news empire that I had reported on for years. I started my career in journalism as a reporter for an Australian tabloid newspaper owned by Mr. Murdoch. The way the Murdochs, and especially Rupert, run their hugely influential media operations across the world has long interested me, from my inside view in Perth, Australia, to my current role years later covering the media industry from The Times’s Manhattan headquarters.The Dominion case revealed hundreds of emails, texts and internal messages between Fox hosts and executives that showed they hadn’t believed what they were telling their viewers. Those filings presented a challenge, too. Many pages of depositions and messages were heavily redacted, and The Times, along with NPR and The Associated Press, hired a lawyer to challenge the legality of those redactions. The settlement was also not the end of the story: On Monday, Fox News dropped the bombshell that it was parting ways with Tucker Carlson, its most popular prime time host, a signal that the Murdochs were making changes in the wake of the lawsuit and a move I had not expected.We are still calling, emailing and talking with sources to figure out which shoe will drop next, and when. One of the most difficult aspects of my job as a reporter who covers the news media is sifting through volumes of gossipy chatter (from sources, in my inbox and on social media) to find the truth. But experience on the beat and an understanding of Murdoch Kremlinology go a long way in discerning who is credible and who is not. More

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      Will the Fox-Dominion Settlement Affect Its News Coverage? Don’t Count on It.

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      There is little reason to think Fox News will adjust its coverage after paying a $787.5 million defamation settlement to Dominion Voting Systems. Its audience won’t let it.After the 2020 election, the talk inside Fox News was all about “a pivot” — a reorienting of its coverage away from former President Donald J. Trump and toward the more conventional Republican politics favored by the network’s founding chairman, Rupert Murdoch.Mr. Murdoch said then that he wanted to make Mr. Trump a “non person.” And as recently as January, when he was deposed as part of Dominion Voting Systems’ defamation lawsuit against Fox, his feelings hadn’t changed. “I’d still like to,” Mr. Murdoch said.But Fox’s audience — the engine of its profits and the largest in all of cable — may not let him.Anyone expecting that Fox’s $787.5 million settlement with Dominion this week would make the network any humbler or gentler is likely to be disappointed. And there probably won’t be much of a shift in the way the network favorably covers Mr. Trump and the issues that resonate with his followers.“How are you going to make an argument to your hosts to not do things that rate?” said Chris Stirewalt, a former Fox News editor and on-air personality who was fired by the network in 2021 and was lined up to be a witness in the Dominion case. “You can’t tell people, ‘Do anything to get a rating, but don’t cover the most popular figure in the Republican Party.’”After a hiatus from the network that lasted much of 2022, Mr. Trump is back on Fox News. He’s sat for three interviews with the network in less than a month. The most recent one, which was taped earlier this month with Mark Levin, will air on Sunday.Even voter fraud — the issue that resulted in Fox being sued for billions of dollars by Dominion and another voting technology company, Smartmatic — hasn’t entirely gone away. In Mr. Trump’s recent interview with the Fox host Tucker Carlson, he implied that there was good reason to doubt the legitimacy of President Biden’s victory, saying, “People could say he won an election.”Mr. Carlson, for his part, has also dipped back into election denialism recently. “Jan. 6, I think, is probably second only to the 2020 election as the biggest scam of my lifetime,” he said on the air on March 14. (His private text messages, revealed as part of Dominion’s suit, show him discussing with his producers how there was no proof the results of the 2020 election were materially affected by fraud.)The Fox host Tucker Carlson with former President Donald J. Trump last year. Mr. Carlson has recently dipped back into election denialism on air.Doug Mills/The New York TimesIn the immediate term, Mr. Murdoch seems unlikely to make any major changes at any of his Fox properties. Doing so, said three people who have worked closely with him, would be seen as the kind of acknowledgment of wrongdoing he is loath to make. The Dominion settlement included no apology — just a glancing reference to a judge’s findings that Fox had broadcast false statements about Dominion machines and their role in a fanciful plot to steal the election from Mr. Trump.The $787.5 million payout is huge — itself an acknowledgment of wrongdoing of sorts, as one of the largest settlements ever in a defamation case. But it did not lead to the same degree of personal humiliation as the phone hacking scandal involving Mr. Murdoch’s British newspapers. Then, in 2011, he had to appear before Parliament and atone for how his journalists had illegally hacked the voice mail accounts of prominent figures. He had a foam pie thrown in his face and admitted during his testimony, “This is the most humble day of my life.”But his signature American news channel is showing few signs of humility. It devoted two short segments on Tuesday to news of the Dominion settlement. Its coverage then quickly returned to the same subjects it’s been hammering since Mr. Biden was elected.Its news reports on the surge of migrants at the southern border are presented under the rubric “Biden Border Crisis.” Republican lawmakers’ efforts to pass laws banning transgender girls from school sports teams receive prominent attention — when only a tiny number are actually playing, and sometimes none at all in states where the laws have been fiercely debated. President Biden is variously portrayed as incoherent, corrupt and weak — especially regarding his posture toward China. Footage of criminals ransacking stores, assaulting police officers and attacking unwitting bystanders play on a loop — often with perpetrators who are Black.Even Mr. Trump’s lies about fraud in the 2020 presidential election have cropped up here and there. Last week, the right-wing commentator Clay Travis appeared on “Jesse Watters Primetime,” which last year replaced a more straight news program at 7 p.m., and declared that Mr. Biden “only won by 20,000 votes after they rigged the entire election, after they hid everything associated with Hunter Biden, with the big tech, with the big media, and with the big Democrat Party collusion that all worked in his favor.”Mr. Watters did not correct or respond to those remarks on the air.The Fox host Jesse Watters did not correct or respond to false statements made on his show about the 2020 presidential election by the right-wing commentator Clay Travis.John Lamparski/Getty ImagesStories of voter fraud, often exaggerated and unsubstantiated, have been part of the network’s D.N.A. well before 2020. In 2012, Roger Ailes, who founded Fox News with Mr. Murdoch, sent a team of journalists to Ohio to investigate still-unproven claims of malfeasance at the polls after former President Barack Obama beat Mitt Romney there. There are, however, some subtle signs that Fox wishes to move past the Dominion episodes and its embarrassing disclosures of network executives privately belittling the same fraud claims they allowed on the air. It has recently started a promotional campaign highlighting its team of global correspondents in 30-second ads. “We have a mission to be on the ground reporting the big stories,” one says. The tensions between its news division and its prime-time hosts were exposed as part of the Dominion case, with private messages from late 2020 showing that hosts like Mr. Carlson and Sean Hannity had mocked and complained about reporters in the Fox Washington bureau who would fact-check the former president’s fraud claims.And last week, Fox chose not to renew the contract of one of the most vociferous election deniers on its payroll, Dan Bongino, formerly the host of a Saturday evening show.A spokeswoman for Fox News said in a written statement that the network had “significantly increased its investment in journalism over the last several years, further expanding our news gathering commitment both domestically and abroad.” The statement added, “We are incredibly proud of our team of journalists.”In his deposition, Rupert Murdoch, the founding chairman of Fox News, acknowledged referring privately to Mr. Trump as “nuts,” “plain bonkers” and “unable to suppress his egomania.”Drew Angerer/Getty ImagesMr. Trump undoubtedly remains one of the biggest stories of the moment, putting the network’s leadership in a position it finds less than ideal. In his deposition, Mr. Murdoch acknowledged referring privately to the former president as “nuts,” “plain bonkers” and “unable to suppress his egomania.” His personal politics are much closer to an establishment Republican in the mold of Senator Mitch McConnell, the Republican leader whom Mr. Ailes worked for as a media consultant decades ago.Mr. Trump can still draw high ratings, even if he is no longer the singular figure he once was in the Republican Party. His interview with Mr. Carlson, after his indictment in Manhattan on felony charges, drew an audience of 3.7 million. An interview that Mr. Carlson did several weeks before with Gov. Ron DeSantis of Florida drew 3.1 million.In the end, the numbers may be the decisive factor about what kind of coverage Fox gives the former president, no matter Mr. Murdoch’s preferences.A former Fox executive, John Ellis, summarized the conundrum the network has with its audience in his newsletter after Mr. Trump announced his 2024 campaign — an event that Fox News broadcast live. “The power of Fox News to influence the outcomes of GOP primaries can be decisive,” he wrote. Fox’s audience has plenty of Trump supporters, of course, but also many others who may prefer another Republican as the nominee. People who identify as politically independent watch it far more than they do CNN or MSNBC, according to data from Nielsen in January and February.“Trump probably cannot win the 2024 nomination if Fox News is determined to defeat him,” Mr. Ellis added. “But in order to defeat him, Fox News must have the permission of its audience to do so.”Michael M. Grynbaum contributed reporting. 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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      Fox Will Pay $787.5 Million to Settle Dominion Defamation Suit

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      The settlement with Dominion Voting Systems was the latest extraordinary twist in a case that exposed the inner workings of the most powerful voice in conservative news.Fox News abruptly agreed on Tuesday to pay $787.5 million to resolve a defamation suit filed by Dominion Voting Systems over the network’s promotion of misinformation about the 2020 election, averting a lengthy and embarrassing trial just as a packed courtroom was seated in anticipation of hearing opening statements.The settlement, one of the largest ever in a defamation case, was the latest extraordinary twist in a case that has been full of remarkable disclosures that exposed the inner workings of the most powerful voice in conservative news.In addition to the huge financial price, Dominion exacted a difficult admission from Fox News, which acknowledged in a statement that “certain claims” it made about Dominion were false.“The truth matters. Lies have consequences,” Justin Nelson, a lawyer for Dominion, said outside Delaware Superior Court on Tuesday.“Lies have consequences,” a lawyer for Dominion Voting Systems said during a news conference.Pete Marovich for The New York TimesNews of the 11th-hour agreement stunned the full courtroom in Wilmington, where the case was being heard. Gasps filled the air when Judge Eric M. Davis told the jury shortly before 4 p.m. that the two parties had resolved the matter. Lawyers for both sides had been preparing to speak to the jury for the first time, microphones clipped to their jacket lapels.The settlement spares Fox a trial that would have gone on for weeks and put many of the company’s most prominent figures — from the media mogul Rupert Murdoch to hosts like Tucker Carlson and Maria Bartiromo — on the stand.The case held the potential to make public a stream of damaging information about how the network told its audience a story of fraud and interference in the 2020 presidential election that many of its own executives and on-screen personalities did not believe. And the network was not forced to apologize — a concession that Dominion lawyers had sought, lawyers involved in the case said.Dominion sued two years ago, after Fox aired false stories claiming that Dominion’s voting machines were susceptible to hacking and had flipped votes from President Donald J. Trump to Joseph R. Biden Jr. On Tuesday, the company expressed a sense of exoneration about the large financial cost that Fox will have to pay. While Dominion’s suit asked for damages of $1.6 billion, almost double the settlement figure, the company will avoid many years of appeals that could have trimmed or eliminated any payout from a trial.“Over two years ago, a torrent of lies swept Dominion and election officials across America into an alternative universe of conspiracy theories causing grievous harm to Dominion and the country,” Mr. Nelson said. “Today’s settlement of $787.5 million represents vindication and accountability.”The case and the expected trial were significant because they raised the prospect for an elusive judgment in the post-Trump era: Very few allies of the former president’s have been held legally accountable for their roles in spreading the falsehoods that undermined confidence in the country’s democratic process and cast Mr. Biden’s victory as illegitimate. Polls show that large numbers of Republicans still believe the 2020 election was tainted.The size of the settlement, experts said, seems to have little precedent. RonNell Andersen Jones, a professor of law at the S.J. Quinney College of Law at the University of Utah, said she believed it was one of the largest settlements in a defamation case ever.“This was unquestionably the strongest defamation case we’ve ever seen against a major media company,” Ms. Andersen Jones said. The case was even more unusual, she added, because media companies typically seek to settle well before so much damaging information about their internal workings is released.A deal came together at the last possible minute, after months of almost no serious discussion between the two sides. As the case proceeded, Dominion divulged extraordinary details about the doubts that Fox employees expressed privately about voter fraud claims, even as they struck a different tone on the air.“Settlement before this trove of evidence became public would of course have been in Fox’s best interest,” Ms. Andersen Jones said. “Waiting until the eve of trial, when the whole nation had a chance to focus on what Fox said internally about Trump, its sources and its own viewers, gave Dominion the extra layer of accountability it was seeking.”It is uncommon for defamation suits to get to trial, in part because the bar for proving “actual malice” — the legal standard that requires plaintiffs to show that defendants knew what they were saying was a lie, or had a reckless disregard for the truth — is so high. It is rarer yet for one to feature the volume of evidence that Dominion had amassed against Fox.In the run-up to trial, Dominion publicly released reams of internal communications among Fox executives, hosts and producers that revealed how the country’s most-watched cable news network set in motion a strategy to win back viewers who had tuned out after Mr. Trump’s loss. The messages tell the story of a frantic scramble inside Fox as it started losing audience share to competitors, like Newsmax, that were more willing to report on and endorse false claims about a plot involving Dominion machines to steal the election from Mr. Trump.Producers referred to pro-Trump guests like Sidney Powell and Rudolph W. Giuliani as “gold” for ratings and acknowledged that the audience didn’t want to hear about subjects like the possibility of a peaceful transition from a Trump administration to a Biden administration.Those communications have shown how employees at Fox expressed serious doubts about and, at times, were scornful of Mr. Trump and his allies as they spread lies about voter fraud, questioning the legitimacy of Mr. Biden’s election. Some at Fox mocked Mr. Trump and his lawyers as “crazy” and under the influence of drugs like L.S.D. and magic mushrooms.Some Fox hosts privately described their colleagues as “reckless” for endorsing Mr. Trump’s false claims, acknowledging that there was “no evidence” to back them up. Yet for weeks, Fox continued to give a platform to election deniers, despite doubts about their credibility. Dominion challenged statements made on multiple programs on multiple nights. Typically, defamation cases involve only a single disputed statement.The trial would have been a spectacle. Mr. Murdoch, whose family controls the Fox media empire, was slated to be one of Dominion’s first witnesses this week. Star anchors including Sean Hannity, Mr. Carlson and Ms. Bartiromo were likely to be called at other points.Even the most blockbuster media trials of the last generation — Ariel Sharon’s suit against Time and Gen. William C. Westmoreland’s against CBS, both in the 1980s — lacked the most explosive elements of this case, which raised weighty questions about the protections the First Amendment affords the media and whether one of the most influential forces in conservative politics would have to pay a price for amplifying misinformation.Both of those cases were settled out of court, too.In recent days, Fox raised questions about Dominion’s claims of damages. On Monday, it disputed Dominion’s worth, pointing to a recent legal filing in which the company lowered part of its request for compensation. Fox lawyers also raised doubts about the harm that Dominion had suffered, saying the company acknowledged that it had turned a profit in recent years.But the potential pitfalls for proceeding with a trial were real for Fox. Some of the revelations from the depositions that Dominion had conducted offered a preview of how damaging a trial could be. Mr. Murdoch acknowledged during his deposition that some Fox hosts had “endorsed” Mr. Trump’s lies, an admission that undercut Fox’s defense that it was merely reporting on — not amplifying — the former president’s claims.After the deposition concluded, the general counsel of Fox Corporation, Viet Dinh, tried to reassure Mr. Murdoch that he had done well.“I’m just going to say it. They didn’t lay a finger on you,” Mr. Dinh said.Mr. Murdoch disagreed, according to a person who witnessed the exchange. He pointed a finger at the lawyer who had questioned him for Dominion, Mr. Nelson, and said, “I think he would strongly disagree with that.”To which Mr. Nelson replied, “Indeed, I do.” More

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      Judge Delays Fox and Dominion Trial by a Day

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