Fox News is on an unlikely collision course with two leading contenders for the Republican presidential nomination over the rights of journalists.
In defending itself against a massive defamation lawsuit over how it covered false claims surrounding the 2020 presidential election, the network is relying on a nearly 60-year-old Supreme Court ruling that makes it difficult to successfully sue media organizations for libel.
In an email a few weeks after the 2020 election, Fox Corp. Chairman Rupert Murdoch described a news conference featuring Powell and former New York City Mayor Rudy Giuliani, another attorney who pushed the election lies: “Really crazy stuff. And damaging.” Some advocates for free speech worry that the Dominion-Fox lawsuit ultimately could give a conservative Supreme Court a chance to revisit the standard set in the case, known as New York Times Co. v. Sullivan. While the case has been among the court’s most durable precedents, the newly empowered conservative majority has indicated a willingness to challenge what had been considered settled law - as it did last year in overturning abortion rights.
Murdoch was among several at Fox to say privately they didn’t believe the claims made by Trump and his allies that widespread fraud cost him reelection. In his deposition, Murdoch said he could have prevented guests who were spouting conspiracies from going on the air, but didn’t. Fox said Dominion is presenting an extreme view of defamation, one in which the network had a duty not to report the allegations but to suppress them or denounce them as false.
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