WILMINGTON, Del. — Opening arguments were delayed Tuesday in the Dominion Voting Systems’ defamation lawsuit accusing Fox News of spreading the damaging falsehood that the company rigged the 2020 election.
The lawsuit was ultimately settled before opening arguments would begin.
The beginning of the civil trial in Delaware Superior Court came more than two years after Dominion, which sells voting machines and election software, first accused Fox of knowingly airing lies about the company in order to boost its ratings.
The network “intentionally and falsely” blamed Dominion for former President Donald Trump‘s loss to President Joe Biden by broadcasting unsubstantiated claims about the company, including that it meddled with vote tallies, Dominion alleged.
Fox maintained that the statements made about Dominion on its air were protected by the First Amendment, which shields the freedoms of speech and press. The network also argued that Dominion’s suit does not establish that the claims were aired with “actual malice,” a requirement to meet the legal standard for defamation.
Jury selection in the case wrapped up late Tuesday morning, but not without its fireworks. Just as the 12-member jury and 12 alternates were set and about to receive instructions, an alternate juror interrupted.
“Sir, I can’t do this. I’ve been up all night. I can’t do this,” the alternate juror said, shaking his head.
Davis also reminded the courtroom earlier on Tuesday that photos or live Tweets or blogs were not permitted from inside the main room. He noted that earlier on Tuesday someone was removed from the courtroom for taking photos. The person, a Fox News representative, was forced to delete the photos and permanently exit the courtroom.
The Fox representative misunderstood the courtroom rules and apologized, adding that the pictures were deleted immediately, the company told CNBC.
The judge said the person was removed and “turned on everybody else,” and said others in the courtroom were live-tweeting. Davis said he wouldn’t tolerate this from anyone. “If it’s flagrant, you may be held in contempt,” he said.
The trial was expected to last up to six weeks, and Judge Eric Davis appeared determined to stick to that timeframe.
“I’m going to keep it strict. I’m not going to give you an extra day,” Davis told attorneys for both camps.
Davis later told jurors not to be concerned with the delayed start to the trial, which began a day later than previously planned: “I will control the time. Don’t concern yourself with that, it is my job,” he said.
Article source: https://www.cnbc.com/2023/04/18/fox-dominion-trial-defamation-case-opening-statements.html