'Reprehensible': Acosta reacts to Fox News revelations

[Jarqui]

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).