National: ‘Incredibly damning:’ Fox News documents stun some legal experts | Paul Farhi , Jeremy Barr and Sarah Ellison/The Washington Post
The disclosure of emails and texts in which Fox News executives and personalities disparaged the same election conspiracies being floated on their shows has greatly increased the chances that a defamation case against the network will succeed, legal experts say. Dominion Voting Systems included dozens of messages sent internally by Fox co-founder Rupert Murdoch and on-air stars such as Tucker Carlson in a brief made public last week in support of the voting technology company’s $1.6 billion lawsuit against the network. Dominion claims it was damaged in the months after the 2020 election after Fox repeatedly aired false statements that it was part of a conspiracy to fraudulently elect Joe Biden. Dominion said the emails and texts show that Fox’s hosts and executives knew the claims being peddled by then-president Donald Trump’s lawyers Rudy Giuliani and Sidney Powell weren’t true — some employees privately described them as “ludicrous” and “mind blowingly nuts”— but Fox kept airing them to keep its audience from changing channels. If so, the messages could amount to powerful body of evidence against Fox, according to First Amendment experts, because they meet a critical and difficult-to-meet standard in such cases. “You just don’t often get smoking-gun evidence of a news organization saying internally, ‘We know this is patently false, but let’s forge ahead with it,’” said RonNell Andersen Jones, a University of Utah professor who specializes in media law.
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