The First Amendment is under attack yet again.
As most of our readers already know, Fox News is locked in a battle with Dominion. The $1.6 billion lawsuit alleges that Fox News peddled false claims about the 2020 election which cost Dominion.
Fox of course asserts that it was only exercising its first amendment rights, and that it was merely fulfilling its duty as the press.
Dominion has filed lawsuit after lawsuit against many people who alleged, reported on, or tried to investigate claims of fraud in its machines including Rudy Giuliani and Syndey Powell.
It remains to be seen whether this specific suit will be thrown out or if the proceedings will continue against the network.
Here are the latest developments:
CBS News reported:
In a 61-page filing in the Delaware Supreme Court, lawyers for the media company argued Dominion's lawsuit "threatens to stifle" the media's First Amendment right to tell the public about "newsworthy allegations of paramount public concern," such as those mounted by Mr. Trump and his legal team regarding the results of the presidential election.
"There are two sides to every story," lawyers Chip Babcock and Scott Keller wrote. "The press must remain free to cover both sides, or there will be a free press no more."
Dominion said in its suit against Fox that the company "sold a false story of election fraud in order to serve its own commercial purposes," which damaged Dominion's reputation and led to death threats and harassment against its employees.
But Fox argued in its motion to dismiss Dominion's suit that it was reporting claims by the former president and his legal team and conducting newsworthy interviews with the key players involved in the election challenges.
The Epoch Times gave us more on Fox News' legal response:
But Fox News’ attorneys said its personalities and reporters did not come up with the election fraud claims against Dominion’s machines.
“When a sitting President of the United States and his legal team challenge a presidential election in litigation throughout the nation, the media can truthfully report and comment on those allegations under the First Amendment without fear of liability. Plaintiffs’ defamation lawsuit against Fox News threatens to stifle the media’s free-speech right to inform the public about newsworthy allegations of paramount public concern,” attorneys for Fox wrote in a Tuesday motion.
Furthermore, the lawyers stipulated that Fox News “did not create allegations against Dominion” and merely covered such claims “just as it had reported the election results.”
“As responsible journalists, Fox covered both sides. The American people deserved to know why President Trump refused to concede despite his apparent loss,” Fox News’ motion said. “The news media has the right in a democracy to inform citizens by reporting and commenting on a President’s allegations challenging the security of our elections.”