Fox News is at odds with two leading Republican presidential candidates over journalist rights as it defends itself against a major defamation lawsuit. The network relies on a 60-year-old Supreme Court ruling that makes it hard to sue media organizations for libel. However, former President Donald Trump and Florida Governor Ron DeSantis, popular among Fox News viewers, have called for the court to review the standard. This has led to a split between what Fox told its viewers about false election fraud claims and what its hosts and executives were saying behind the scenes. The $1.6 billion lawsuit by Dominion Voting Systems accuses Fox of airing allegations that the company rigged the 2020 election against Trump, despite knowing the claims were false.
Free speech advocates are concerned that the lawsuit’s outcome could allow the conservative Supreme Court to revisit the standard set in New York Times Co. v. Sullivan. Clarence Thomas and Neil Gorsuch, two Supreme Court Justices, have shown interest in reexamining the precedent. However, First Amendment attorney Floyd Abrams points out that Fox has no one ready to admit that they believed the false allegations, which he calls a “major blow.”
Despite the high bar for proving libel, Dominion’s lawyers argue that Fox is arguing that it has no legal responsibility for broadcasting false allegations as long as they are considered newsworthy. On the other hand, Fox says that Dominion is presenting an extreme view of defamation. The Media Law Resource Center’s George Freeman suggests a lesser-known “neutral reportage” standard dating back to the 1970s.
In Republican circles, there is a sentiment that the Sullivan standard protects news organizations too much. DeSantis recently called for the Supreme Court to revisit libel laws, while a bill in the Florida Legislature seeks to weaken the standards in the state. The media and Trump supporters are reluctant to publicly back Fox in the case, believing it is a chance to hold them accountable for what happened after the 2020 election.
Regardless of the outcome, the Dominion-Fox lawsuit raises important questions about the role of media organizations in a democracy and the balance between free speech and accountability. The fact that Fox is relying on a 60-year-old Supreme Court ruling to defend itself against false claims shows the significance of this case and its potential impact on journalism’s future. As the media landscape continues to evolve, it will be crucial for the courts and society to find a way to ensure that the press remains free to report the news while being held accountable for its actions.
