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    Dominion v. Fox: Could case be weaponized against freedom of press?

    by Harry Bruinius Apr 17, 2023 6 minutes

    This week is set to bring a major test of modern freedom of the press in an era of disinformation.

    The case of Dominion Voting Systems v. Fox News has its roots in conspiracy theories aired about voting machines after Joe Biden defeated Donald Trump in the 2020 presidential election.

    Fox News argues that it was simply airing newsworthy allegations when it repeated those falsehoods. The defamation case brought by Dominion represents a “profound threat to the First Amendment,” Fox’s lawyers argued in a filing. If it loses, the network argues, it would be a journalistic disaster, opening networks and newspapers to all kinds of lawsuits.

    In one respect, the outcome is not in doubt: A Delaware judge has already ruled that conspiracy theories about Dominion and its voting machines aired by Fox News are false and constitute defamation per se.

    “The statements at issue were dramatically different than the truth,” said Superior Court Judge Eric Davis . “In fact, although it cannot

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