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Trial in Dominion's defamation suit against Fox News expected to begin Tuesday

The case will put the U.S. libel standard for media outlets under scrutiny and reveal Fox's activities after the 2020 election. 

Published: April 18, 2023 7:58am

Updated: April 18, 2023 8:15am

Dominion Voting Systems' $1.6 billion defamation lawsuit against Fox News over the media outlet's coverage of the 2020 election is set to go to trial Tuesday, after the judge delayed the start by one day.

Delaware Superior Court Judge Eric Davis did not publicly explain why he delayed the trial, which was scheduled to start Monday. But the judge apparently suggested the sides use the extra time to try to mediate the dispute, The Associated Press reported, citing "a person close to Fox who was not authorized to speak publicly about the lawsuit’s status and spoke on the condition of anonymity."

The case will put the U.S. libel standard for media outlets under scrutiny and reveal Fox's activities after the 2020 election. 

Fox News stars and Trump allies, such as Tucker Carlson and Sean Hannity, as well as the outlet's 92-year-old founder Rupert Murdoch, are expected to testify in the case.

Dominion claims that Fox News and its parent company, Fox Corp., harmed the company's business and that the outlet's reports that the voting company rigged the election against former President Donald Trump resulted in its employees being threatened.

"Fox spread and endorsed one of the most damaging lies in this country’s history," Dominion's attorneys said in a court filing.

Fox has said the lawsuit is an attack on the First Amendment and it is constitutionally allowed to let employees discuss claims regarding the 2020 election.  

"Dominion’s lawsuit is a political crusade in search of a financial windfall, but the real cost would be cherished First Amendment rights," the network said last week.

Madeleine Hubbard is an international correspondent for Just the News. Follow her on Twitter or Instagram.

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