Debra J. Saunders: Don’t Sue the Messenger

Dominion Voting Systems has sued Fox News for defamation over their coverage of the 2020 election. Typically, other news organizations would come together with Fox to fight a $1.6 billion lawsuit that threatens their First Amendment rights. However, that is not the case since Fox is a conservative network that beats the ratings of CNN and MSNBC. Dominion has enjoyed favorable news coverage about the legal battle, which is detrimental to the news industry.

Furthermore, Dominion has a legal team that knows how to make news. Last month, the team released a 179-page brief that included redactions, featuring texts and other communications exchanged as Fox News Founder Rupert Murdoch, anchors, and decision-makers realized that Joe Biden had won the election, President Trump had not, and their viewers would not react well to the news.

However, the decision by Dominion’s to sue the network for its reporting is not good for journalism. The lawsuit argues that “Fox is deemed the ‘publisher’ of every statement those guests aired against Dominion,” which is absurd. Fox talent challenged unfounded allegations made by election deniers. Moreover, if this argument by Dominion prevails, it will have a chilling effect on journalism, especially in the coverage of presidential elections, providing editors with an excuse to ignore stories.

Fox News reported on charges made by a sitting president, which makes the allegations newsworthy and must be reported regardless of whether they are true or false, as the network’s preliminary statement argued.

The trial is set to begin on April 17 in Delaware, and according to Fox’s attorney, Erin Murphy, the real source of Dominion’s complaint lies with the allegations made by the then-President of the United States and the lawyers representing him. The network’s attorney said that it would be a different case for Dominion to sue the individuals who made defamatory statements.

It is important to note that Dominion suing the network for its reporting is not the right move. Debra J. Saunders warns that suing the messenger is a dangerous precedent that could negatively impact journalism. Debra is a fellow at the Discovery Institute’s Chapman Center for Citizen Leadership.

Contact Debra at [email protected]

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