For its defense, the company argues that it wasn’t promoting lies about Dominion but merely covering lies other people told. The relevant legal standard for this situation was set by the Supreme Court in 1964 in the seminal case New York Times Company v. Sullivan. The reason is that these conservatives don’t want to strengthen NYT v. Sullivan, even if it would protect media organizations like Fox. Justice Elena Kagan is also on record worrying about taking NYT v. Sullivan too far, but could almost certainly be counted on to rule against granting Fox protection for lying. If Fox loses, I don’t think there are enough people on the court who would risk strengthening media protections for everybody, just to bail Fox out of a state tort action.

Source: Fox News March 09, 2023 17:00 UTC