Dominion Vs. Fox News Trial Delayed

The trial of Dominion Voting Systems' $1.6 billion defamation lawsuit against Fox News has been delayed until Tuesday morning, according to Delaware Superior Court Judge Eric Davis.

"The Court has decided to continue the start of the trial, including jury selection, until Tuesday," Judge Davis said. 

Dominion is suing the network, claiming Fox News knowingly spread disinformation about the company and its voting machines in the wake of the 2020 presidential election. The software company was at the center of conspiracy theories pushed by allies of former President Donald Trump following his election loss.

For their part, Fox News and its parent company, Fox Corporation, contend that the allegations they were covering were newsworthy, and statements made on the network were protected by the First Amendment. 

Some of Fox News's most well-known current and former anchors are expected to testify, including Tucker Carlson, Sean Hannity, Maria Bartiromo, and Lou Dobbs, alongside the network's chairman and CEO Rupert Murdoch.

The trial will kick off over two years after Dominion filed its lawsuit against Fox News, which has already resulted in the release of text messages and emails exchanged by some of the network's top stars. 

Both sides requested Davis rule in their favor based on the evidence already developed. Late last month, Davis ruled that the evidence demonstrated it is "CRYSTAL clear that none of the statements relating to Dominion about the 2020 election are true," and the statements from Fox News that are challenged by Dominion constitute defamation "per se." 

But he said a jury will decide whether Fox acted with actual malice in broadcasting the allegations about Dominion and will determine whether the company is entitled to damages, and if awarded, how much.

— Melissa Quinn contributed reporting.

First published on April 16, 2023 / 9:47 PM

© 2023 CBS Interactive Inc. All Rights Reserved.