Facing a billion-dollar lawsuit over its airing of conspiracy theories that a voting machine company helped rig the 2020 presidential election, Fox News is trying to argue that the false claims were not so wildly improbable.
its First Amendment rights to share its newsgathering activities, saying it merely reported on fraud allegations raised by Donald Trump and his allies rather than endorsed them.
Erin Murphy, an attorney representing Fox News in the Dominion case, described the references to conspiracy theories that percolated in the wake of the election as a secondary defense should Fox’s First Amendment claims fail — as many“It’s not an effort to prove that the ultimate allegations they were talking about are true,” Murphy said. “It’s more that it goes directly to that question of putting yourself in the state of mind of people who are hearing these allegations in early November 2020.
“Just as Fox News hosts did not take the President’s claims at face value, they did not take Dominion’s denials at face value either,” attorneys for Fox wrote.In their filings, Fox’s attorneys emphasize that electronic voting machines are hackable and have long been controversial for that reason.
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