Judge in Fox vs. Dominion Case Challenges Network Argument That Top Execs ‘Didn’t Have the Power’ to Stop Election Lies
thewrap.comappears to have a “Lou Dobbs problem.” Network attorneys also continued to underscore that real, still-viable concerns about Dominion machines exist.But on Wednesday, Murphy noted that a defamation claim needs to be brought “home to someone who’s directly involved” in decisions about what to publish or air.
Davis – who has cautioned everyone not to make too much of his early inquiries – challenged that idea forthrightly:“Is Fox’s position that executives didn’t have the power to stop Lou Dobbs from doing something like that?” Davis asked.Dominion lawyer Justin Nelson seized upon the exchange Tuesday, highlighting an email from Rupert Murdoch expressing concern about the network’s positioning on the election.
Nelson also pulled up receipts from producers and other mid-level shot-callers turning the other way in the face of claims they did not believe were true.Most of Fox’s points of argument were covered Tuesday, as Murphy argued that any “reasonable viewer” would discern that Fox was presenting allegations from Trump and his supporters.
On Wednesday, Dominion lawyers began to take that apart Wednesday, saying that “when you publish another’s statement you adopt it as your own,” reflecting First Amendment precedent established by New York Times vs.
Read more on thewrap.com