Fox News is paying the price for its obeisance to former president Donald Trump. In December, a Delaware judge ruled that the $1.6 billion defamation suit filed by voting-tech firm Dominion Voting Systems could proceed. And on Tuesday, New York state Judge David B. Cohen issued a similar ruling in a $2.7 billion case filed by voting systems firm Smartmatic.In the latter case, Smartmatic has a high bar to clear in order to win, but the judge in the case doesn't see that as a problem.
As for Cohen’s legal reasoning, he noted that, under New York libel law, plaintiffs bringing a case involving “public petition and participation” can recover damages only if they meet the stringent “actual malice” standard — that is, that the media organization knew that the statements in question were false or made with reckless disregard thereof.And yet I expect these cases to drag on for years, through many appeals. Fox's lawyers can probably beat up Dominion's and Smartmatic's lawyers. I'm not going to hold my breath waiting for Fox to cut any ten-figure checks.
Meanwhile, do you notice what's not happening anymore? No one is talking about Newsmax or One America News Network as serious threats to Fox's dominance of the right-wing infosphere. After Fox called the election for Joe Biden, here's what happened to its reputation among GOP voters:
And now?
For a while, Fox really did seem at risk of being outflanked by leaner, hungrier channels peddling wilder delusions. Not anymore. A little actual malice was good for business.
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