美国国家公共电台 NPR--The $1.6 billion Dominion v. Fox News trial starts Tuesday. Catch up here

The $1.6 billion Dominion¹ v. Fox News trial starts Tuesday. Catch up here

Transcript²

Conservative TV darlings Tucker Carlson, Sean Hannity and a slew³ of other Fox News stars and executives, including the network's 92-year-old owner Rupert Murdoch, may soon have their days in court in what stands to be the biggest media trial since the 1980s.

Colorado-based Dominion Voting Systems, a tech company that manufactures electronic voting machines, is suing Fox News and its parent company Fox Corp. for defaming it in the weeks following the 2020 election and irreparably damaging its business.

The trial had been scheduled to begin on Monday in Delaware Superior Court. Judge Eric M. Davis pushed the start date back by a day as the legal teams for Dominion and Fox discuss a potential settlement.

Davis told a courtroom of mostly reporters on Monday that a 24-hour delay was "not unusual" and that he had planned for a few extra days surrounding the trial, which is expected to last around six weeks.

Here's what you need to know about the case.

Why is Dominion suing Fox?

Following the 2020 election, Fox News repeatedly broadcast baseless claims that Dominion's voting machines had flipped⁴ votes meant for then-President Donald Trump⁶ to Joe Biden. Fox hosts and their on-air guests promoted the falsehoods for weeks after Trump's loss — and even after the claims had been debunked⁷.

Dominion alleges⁸ that Fox hosts and executives knew that those claims about its voting machines were false — or, at the very least, acted with reckless disregard for the truth — in a bid to rescue the network's ratings. After being the first network to call the pivotal state of Arizona for Biden on election night, Fox News saw its audience numbers plummet⁹. (Many of its viewers were Trump supporters.)

How does Fox explain the repeated falsehoods over the 2020 election?

For its part, Fox holds it aired the claims of voter fraud because they came directly from a sitting president and his surrogates. Its lawyers argue that any claim Trump made — including about Dominion voting machines — was inherently newsworthy.

Attorneys for Fox have also claimed that the First Amendment¹⁰, which protects freedom of speech, shields the network from being punished for what its guests say on air — even "speech [it doesn't] think is right."

"FOX News remains¹¹ steadfast¹² in protecting the rights of a free press," according to a Fox spokesperson in a statement shared Friday.

Dominion, in a statement previously¹³ shared with NPR, said: "As long-settled law makes clear, the First Amendment does not shield broadcasters that knowingly or recklessly spread lies."

What's at stake for Fox?

Dominion is suing Fox for $1.6 billion. That figure isn't a huge dent⁵ in Fox's wallet; it's less than half of the revenue the company took in during the last three months of 2022. Still, there's a lot on the line for the network and, according to Fox, the entire U.S. media industry.

Fox and some media attorneys warn that this case could have long-term ramifications¹⁴ for all U.S. media outlets¹⁵.

Thanks to a 1964 Supreme¹⁶ Court ruling, there is a high bar to meet to prove defamation¹⁷ in the U.S. legal system. The burden of proof falls on the plaintiff. Dominion attorneys must prove that Fox leaders knew, or should have known, that the statements hosts and guests made against Dominion were false or acted in reckless disregard for the truth.

That high standard is known as "actual malice¹⁸." It's meant to protect media outlets from being punished for reporting critically on powerful figures, including corporations and the government.

A favorable ruling for Dominion "would have grave consequences for the entire journalism¹⁹ profession," according to a Fox spokesperson in a statement.

But media law experts say that this is a unique case because of the mounds²⁰ of evidence in support of Dominion's argument.

What do we know so far?

In a pre-trial ruling this month, Delaware Superior Court Judge Eric Davis asserted there is no question that the contested statements Fox aired about Dominion were false.

Thousands of text messages and email exchanges revealed in legal documents show that Fox personalities²¹ and executives knew the claims their hosts and guests blasted on air were false.

Two of those guests were Rudy Giuliani, Trump's personal lawyer at the time, and Sidney Powell, a Trump ally and attorney. (Dominion has separately sued both Giuliani and Powell but there have been no rulings in either of those cases.)

Both appeared dozens of times across Fox programming in the weeks following the election and peddled²² baseless conspiratorial²³ claims, including that Dominion had financial ties to California Democrats²⁴ and that the company was created to rig elections in favor of the late-Venezuelan dictator Hugo Chavez.

"The whole thing seems insane to me, and Sidney Powell won't release the evidence. Which I hate," Carlson texted fellow hosts Hannity and Laura Ingraham a couple weeks after the election.

"Sidney Powell is a bit nuts. Sorry but she is," Ingraham replied.

The filings also show that Fox executives, including the elder Murdoch and Fox News CEO Suzanne Scott, did nothing to intervene.

Asked by a Dominion attorney under oath whether or not he could have directed Scott to stop hosting Powell and Giuliani on Fox, Murdoch answered that he could have.

"But I didn't," he said.

What are key moments to look for in the trial?

While the judge has ruled that election-fraud claims Fox broadcast in November and December 2020 were false, Dominion attorneys must still surmount²⁵ the high bar of actual malice — that Fox decision makers²⁶ either knew or should have known that those claims were false, or acted with reckless disregard for the truth.

The six week trial promises a star-studded witness list, including:

Rupert Murdoch, controlling owner of Fox News and parent company Fox Corp.

Suzanne Scott, Fox News CEO

Fox stars Tucker Carlson, Sean Hannity, Maria Bartiromo, Jeanine Pirro and former star Lou Dobbs (Dobbs lost his hosting job in February 2021.)

Fox chief political anchor Bret Baier is also on the witness list. He is among a cohort of Fox stars named as likely to testify in the case.

Why haven't Dominion and Fox settled this case before now?

Fox attorneys made a push to settle the case with Dominion late last year, but no dice²⁷.

Dominion has held to its original $1.6 billion ask, saying the defamatory statements Fox aired about its voting machines made the company lose important contracts and its employees the subjects of harassment²⁸ and threats.

It is also asking for a full apology from Fox and an acknowledgement from the network that the statements it aired were false, concessions²⁹ equal to the lies it spread, which could reach across multiple platforms and take days.

Fox has argued in legal filings that the $1.6 billion Dominion is seeking "has no connection to Dominion's financial value as a company."

Plus, it remains nebulous who exactly at Fox News and at Fox Corp. would be responsible for allowing defamatory statements on air — if Dominion successfully proves those statements surpass the high bar of actual malice in court. Fox is sure to hammer on both points during a trial.

1 dominion   

n.统治，管辖，支配权；领土，版图

参考例句：

• Alexander held dominion over a vast area.亚历山大曾统治过辽阔的地域。
• In the affluent society,the authorities are hardly forced to justify their dominion.在富裕社会里，当局几乎无需证明其统治之合理。

2 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

3 slew   

v.（使）旋转；n.大量，许多

参考例句：

• He slewed the car against the side of the building.他的车滑到了大楼的一侧，抵住了。
• They dealt with a slew of other issues.他们处理了大量的其他问题。

4 flipped   

轻弹( flip的过去式和过去分词 )； 按（开关）； 快速翻转； 急挥

参考例句：

• The plane flipped and crashed. 飞机猛地翻转，撞毁了。
• The carter flipped at the horse with his whip. 赶大车的人扬鞭朝着马轻轻地抽打。

5 dent   

n.凹痕，凹坑；初步进展

参考例句：

• I don't know how it came about but I've got a dent in the rear of my car.我不知道是怎么回事，但我的汽车后部有了一个凹痕。
• That dent is not big enough to be worth hammering out.那个凹陷不大，用不着把它锤平。

6 trump   

n.王牌，法宝；v.打出王牌，吹喇叭

参考例句：

• He was never able to trump up the courage to have a showdown.他始终鼓不起勇气摊牌。
• The coach saved his star player for a trump card.教练保留他的明星选手，作为他的王牌。

7 debunked   

v.揭穿真相，暴露( debunk的过去式和过去分词 )

参考例句：

• His theories have been debunked by recent research. 最近的研究揭穿了他的理论的真相。
• Some advertising slogans should be debunked. 某些夸大的广告用语应予揭露。 来自《简明英汉词典》

8 alleges   

断言，宣称，辩解( allege的第三人称单数 )

参考例句：

• The newspaper article alleges that the mayor is corrupt. 报纸上断言该市长腐败。
• Steven was tardy this morning and alleges that his bus was late. 史提芬今天早上迟到的说词是公车误点了。

9 plummet   

vi.(价格、水平等)骤然下跌；n.铅坠；重压物

参考例句：

• Mengniu and Yili have seen their shares plummet since the incident broke.自事件发生以来，蒙牛和伊利的股票大幅下跌。
• Even if rice prices were to plummet,other brakes on poverty alleviation remain.就算大米价格下跌，其它阻止导致贫困的因素仍然存在。

10 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

11 remains   

n.剩余物，残留物；遗体，遗迹

参考例句：

• He ate the remains of food hungrily.他狼吞虎咽地吃剩余的食物。
• The remains of the meal were fed to the dog.残羹剩饭喂狗了。

12 steadfast   

adj.固定的，不变的，不动摇的；忠实的；坚贞不移的

参考例句：

• Her steadfast belief never left her for one moment.她坚定的信仰从未动摇过。
• He succeeded in his studies by dint of steadfast application.由于坚持不懈的努力他获得了学业上的成功。

13 previously   

adv.以前，先前（地）

参考例句：

• The bicycle tyre blew out at a previously damaged point.自行车胎在以前损坏过的地方又爆开了。
• Let me digress for a moment and explain what had happened previously.让我岔开一会儿，解释原先发生了什么。

14 ramifications   

n.结果，后果( ramification的名词复数 )

参考例句：

• These changes are bound to have widespread social ramifications. 这些变化注定会造成许多难以预料的社会后果。
• What are the ramifications of our decision to join the union? 我们决定加入工会会引起哪些后果呢？ 来自《简明英汉词典》

15 outlets   

n.出口( outlet的名词复数 )；经销店；插座；廉价经销店

参考例句：

• The dumping of foreign cotton blocked outlets for locally grown cotton. 外国棉花的倾销阻滞了当地生产的棉花的销路。 来自《简明英汉词典》
• They must find outlets for their products. 他们必须为自己的产品寻找出路。 来自《现代汉英综合大词典》

16 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

17 defamation   

n.诽谤；中伤

参考例句：

• Character defamation can be either oral or written.人格诽谤既可以是口头的也可以是书面的。
• The company sued for defamation.这个公司因受到诽谤而提起诉讼。

18 malice   

n.恶意，怨恨，蓄意；[律]预谋

参考例句：

• I detected a suggestion of malice in his remarks.我觉察出他说的话略带恶意。
• There was a strong current of malice in many of his portraits.他的许多肖像画中都透着一股强烈的怨恨。

19 journalism   

n.新闻工作，报业

参考例句：

• He's a teacher but he does some journalism on the side.他是教师，可还兼职做一些新闻工作。
• He had an aptitude for journalism.他有从事新闻工作的才能。

20 mounds   

土堆，土丘( mound的名词复数 )； 一大堆

参考例句：

• We had mounds of tasteless rice. 我们有成堆成堆的淡而无味的米饭。
• Ah! and there's the cemetery' - cemetery, he must have meant. 'You see the mounds? 啊，这就是同墓，”——我想他要说的一定是公墓，“看到那些土墩了吗？

21 personalities   

n. 诽谤，（对某人容貌、性格等所进行的）人身攻击； 人身攻击；人格, 个性, 名人( personality的名词复数 )

参考例句：

• There seemed to be a degree of personalities in her remarks.她话里有些人身攻击的成分。
• Personalities are not in good taste in general conversation.在一般的谈话中诽谤他人是不高尚的。

22 peddled   

（沿街）叫卖( peddle的过去式和过去分词 )； 兜售； 宣传； 散播

参考例句：

• He has peddled the myth that he is supporting the local population. 他散布说他支持当地群众。
• The farmer peddled his fruit from house to house. 那个农民挨家挨户兜售他的水果。

23 conspiratorial   

adj.阴谋的，阴谋者的

参考例句：

• She handed the note to me with a conspiratorial air. 她鬼鬼祟祟地把字条交给了我。 来自辞典例句
• It was enough to win a gap-toothed, conspiratorial grin. 这赢得对方咧嘴一笑。 来自互联网

24 democrats   

n.民主主义者，民主人士( democrat的名词复数 )

参考例句：

• The Democrats held a pep rally on Capitol Hill yesterday. 民主党昨天在国会山召开了竞选誓师大会。
• The democrats organize a filibuster in the senate. 民主党党员组织了阻挠议事。 来自《简明英汉词典》

25 surmount   

vt.克服；置于…顶上

参考例句：

• We have many problems to surmount before we can start the project.我们得克服许多困难才能著手做这项工作。
• We are fully confident that we can surmount these difficulties.我们完全相信我们能够克服这些困难。

26 makers   

n.制造者，制造商（maker的复数形式）

参考例句：

• The makers of the product assured us that there had been no sacrifice of quality. 这一产品的制造商向我们保证说他们没有牺牲质量。
• The makers are about to launch out a new product. 制造商们马上要生产一种新产品。 来自《简明英汉词典》

27 dice   

n.骰子；vt.把（食物）切成小方块，冒险

参考例句：

• They were playing dice.他们在玩掷骰子游戏。
• A dice is a cube.骰子是立方体。

28 harassment   

n.骚扰，扰乱，烦恼，烦乱

参考例句：

• She often got telephone harassment at night these days.这些天她经常在夜晚受到电话骚扰。
• The company prohibits any form of harassment.公司禁止任何形式的骚扰行为。

29 concessions   

n.（尤指由政府或雇主给予的）特许权( concession的名词复数 )；承认；减价；（在某地的）特许经营权

参考例句：

• The firm will be forced to make concessions if it wants to avoid a strike. 要想避免罢工，公司将不得不作出一些让步。
• The concessions did little to placate the students. 让步根本未能平息学生的愤怒。