But Fox’s attorney argued that the accuracy of the allegations isn’t the main issue.
“What matters is whether the press accurately reports the allegations, not whether the underlying allegations are true or false,” said Murphy, adding that the distinction between a factual statement and an opinion is also important.
She also contended there’s no evidence that Fox Corp. showed any malice — a key legal standard in libel cases — toward Dominion, because there is no evidence that any corporate executives were directly responsible in deciding to air the alleged defamatory statements.
However, as Murphy led the judge through a list of Fox broadcasts, it became clear that programs of former Fox host Lou Dobbs, aired shortly after the 2020 election, could be an issue for the network.
“There seems to be a Dobbs problem,” [Judge] Davis said.
Murphy countered that Dobbs was “an opinion host” who cited Dominion’s denials, but also acknowledged: “It’s abundantly clear that he believes all of these things.”