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The defamation lawsuit filed against Fox News by Dominion Voting Systems survived a key ruling this week.
A Delaware judge refused a request by the parent company of Fox News to dismiss the suit, which was filed in response to “its broadcasts of conspiracy theories alleging the 2020 election was rigged,” Axios reported.
Fox Corp. filed its request to have the suit dismissed, but Delaware Superior Court Judge Eric Davis wrote in his ruling that Dominion’s allegations “support a reasonable inference that Rupert and Lachlan Murdoch either knew Dominion had not manipulated the election or at least recklessly disregarded the truth when they allegedly caused Fox News to propagate its claims about Dominion.”
The judge also cited a statement in Dominion’s suit that provided some details of Fox News founder Rupert Murdoch’s call with then-President Donald Trump days after the election. Murdoch “informed him that he had lost,” the judge said.
Earlier this week, Davis also refused Fox News’ request to dismiss the lawsuit.
Also, Davis denied a motion last week from Newsmax to dismiss the case, saying the company “knew the allegations were probably false” about the voting technology and “there were enough signs indicating the statements were not true to infer Newsmax’s intent to avoid the truth.”
“Given that Newsmax apparently refused to report contrary evidence, including evidence from the Department of Justice, the allegations support the reasonable inference that Newsmax intended to keep Dominion’s side of the story out of the mainstream,” Davis wrote in his opinion.
“Dominion Voting Systems, a federally certified company selling voting machines and tabulators across the country, filed lawsuits in August against Newsmax and One America News, as well as Patrick Byrne, the former CEO of Overstock.com, alleging defamation. The lawsuits followed debunked claims spread by former President Trump that the 2020 election was rife with fraud. Trump’s legal team, including Rudy Giuliani and Sidney Powell, took aim at Dominion Voting Systems, accusing the company’s voting tech of manipulating votes in favor of President Biden,” The Hill reported.
“In its motion, Newsmax argued the standard of actual malice had not been set and that they were defended by a legal doctrine that allows journalists to report on newsworthy allegations by individuals,” the report added.
On Thursday, Davis agreed Dominion’s suit had enough basis to move forward.
“The Complaint supports the reasonable inference that Newsmax either knew its statements about Dominion’s role in the election fraud were false or had a high degree of awareness that they were false,” the judge wrote.
In August 2021, meanwhile, U.S. District Judge Carl J. Nichols ruled that Dominion can proceed with three lawsuits alleging that Sidney Powell, Rudy Giuliani, and MyPillow CEO Mike Lindell defamed the company with false accusations that it rigged the 2020 presidential election, NBC News reported.
“As an initial matter, there is no blanket immunity for statements that are ‘political’ in nature,” Judge Nichols wrote in the ruling.
Beyond the rulings, Democrats are facing serious headwinds as the November midterms approach.
A new survey by the National Republican Congressional Committed shows Democrats in big trouble months out from the midterm elections.
The latest NRCC survey of 77 battleground congressional districts around the country found that Democrats are being held responsible by voters for a myriad of problems and issues, including record inflation, sky-high oil and gas prices, and a spend-happy Congress and White House.
The NRCC’s battleground survey covered the 77 battleground congressional districts that could determine control of Congress after redistricting. The committee surveyed these districts because they are currently held by the most ‘at-risk’ Democrats, whose districts President Joe Biden won by only five and a half points or less.
Here are some additional findings from the survey:
— Republicans top Democrats on a generic ballot by 4 points; the NRCC noted again that Biden won these districts by 5 points in the 2020 election;
— Since February 2021, Republicans have improved by 7 points in the survey;
— Three-quarters of swing voters said they see Dems as being “out of touch” on the issues and “condescending” towards average Americans.
The post Judge Rejects Bid By Parent of Fox News to Dismiss Dominion Lawsuit appeared first on Conservative Brief.