Dominion Cannot Mention Jan. 6 Capitol Riot in Its Case Against Fox News, Judge Rules
The argument options of Dominion in its case against Fox News have been limited by the recent ruling of a Delaware judge on Tuesday during a pretrial conference.
Delaware Superior Court Judge Eric Davis ruled that Dominion Voting Systems cannot use references to Jan. 6 Capitol riot in its defamation lawsuit against Fox News as it could taint the jury's view of the case, according to The Hill.
In addition, Dominion's allegations against Fox News are not about whether it "influenced" the attack on Capitol.
Davis said that claims about the Jan. 6 Capitol riot may be "for another court at another time," but not for the court he is presiding.
The judge earlier ruled that Dominion had proven the first key element of their allegation against Fox News, which was the media magnate's statements about the company and the 2020 election were false.
Davis said that the jury will have to deliberate whether Fox operated with actual malice or not. There is also a high legal bar for plaintiffs to clear in seeking damages in a defamation lawsuit.
Dominion Defamation Lawsuit Pretrial
During the pretrial, Davis also revealed that he has received death threats, with the judge telling both sides' lawyers that he sent them the things he has received.
The voting systems company also asked the judge if they can bring up the threats and harassment that its employees have experienced since the 2020 election.
One Dominion lawyer said that such threats have placed "terror" among its workforce, adding that it has ruined the company's ability to recruit and retain employees, as reported by CNN.
Davis ruled that Dominion can show the jury the existence of the said threats. However, the company cannot get into the content of the threats as Fox News does not have direct control over what uninvolved third parties say.
Davis told Dominion lawyers that he is not downplaying threats and that their party should "take every threat seriously."
Fox News Facing Defamation Lawsuit
Dominion is seeking $1.6 billion in damages. The lawsuit could renew questions about whether defamation law adequately protects victims of misinformation campaigns.
CBS News noted that the voting systems company has become the core of conspiracy allies pushed by supporters of former U.S. President Donald Trump after his loss in the 2020 presidential election.
Dominion argues that Fox News defamed it by broadcasting baseless allegations about the company's voting machines. It went on to say that the media outlet knew they were false.
Fox News and parent company Fox Corporation argued that they were covering newsworthy stories, adding that the statements made on the cable were protected by the First Amendment.
Davis disagreed and noted just because a story is newsworthy "doesn't mean you can defame someone," as cited by The New York Times.
Davis's ruling was issued before the trial is set to officially start, which is scheduled on April 17. It will be two days after the jury selection.
This article is owned by Latin Post.
Written by: Mary Webber
WATCH: Dominion Voting vs. Fox News: a major defamation lawsuit - from AP Archive
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