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'Reprehensible': Acosta reacts to Fox News revelations (Original Post)
catbyte
Feb 2023
OP
onecaliberal
(36,594 posts)1. Criminal. They defamed people, their words killed people.
Jarqui
(10,768 posts)2. Kind of stunning that in the wake of Dominion's evidence
of FOX knowingly supporting the big lie to prop up their ratings, CNN and others seem to think Dominion has an uphill battle to win the case.
Even if FOX were to prevail, the damage being done to it with this brief carrying on through depositions and a case has to be pretty significant dollars. Some advertisers will be turned off along with some viewers.
catbyte
(37,995 posts)3. Not only that, but Fox's First Amendment argument doesn't apply to private company beefs.
It only protects you from government persecution and Dominion isn't the government. What am I missing?
Jarqui
(10,768 posts)4. I'm fuzzy on the First Amendment stuff too
It is a defamation lawsuit.
https://www.law.cornell.edu/wex/defamation#:~:text=Defamation%20is%20a%20statement%20that,and%20slander%20(spoken%20statements).
To prove prima facie defamation, a plaintiff must show four things:
1) a false statement purporting to be fact;
2) publication or communication of that statement to a third person;
3) fault amounting to at least negligence;
and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statement.
1. the big lie and FOX execs admit it.
2. FOX broadcasts the lie
3. Dominion reputation was damaged and they were negligent of that spewing the big lie.
4. As Dominion is a business that sells voting machines, with a damaged reputation, that would damage their ability to sell those machines so financial damages are in order - the only question is how much.
The law varies some by state ... jurisdiction might be an issue.
And they may have to show malice: a reckless disregard for its truth.
The texts show a wanton disregard for the truth to prop up their ratings.
The filing by Dominion seems to have all those bases generally covered (it's up to the lawyers to make them stand up in court).
Cha
(314,911 posts)5. TY, Acosta & Dominion!
So grateful this is being revealed!
How did that happen? TY