FOX News Media Files Motion To Dismiss Dominion Lawsuit

FOX News Media, Owned by Fox Corp. (FOXA,FOX), announced that it has filed a motion on Tuesday to dismiss the lawsuit by Dominion Voting Systems, stating the complaint seeks to "stifle the media's free-speech right to inform the public."

The motion characterizes Dominion's complaint as threatening the deeply enshrined protections for the free press" and outlines two key reasons for dismissal.

The filing mainly states Dominion failed to identify any actionable defamation by FOX News Media, nor did it plead facts alleging that FOX published the challenged speech with actual malice.

The company noted that the First Amendment and New York law independently protect media reporting and commentary on newsworthy allegations, and allegations from the sitting President of the United States and his legal team are inherently newsworthy.

The motion to dismiss points out that Dominion faced lawsuits alleging election irregularities well before the November presidential election.

The motion to dismiss concludes that Dominion failed to state a claim under any applicable pleading standard and further cites protections under New York's Anti-SLAPP statute as FOX News Media's coverage was addressing statements regarding matters of public concern.

The company added that Dominion did not demonstrate a "substantial basis in law" for its claim, and "Dominion cannot recover 'under any reasonably conceivable set of circumstances.'"

Jointly filing the motion to dismiss on behalf of FOX News Media, Jackson Walker Partner Chip Babcock and Lehotsky Keller Partner Scott Keller said, "There are two sides to every story. The press must remain free to cover both sides, or there will be a free press no more. The freedoms of speech and press would be illusory if the prevailing party could obtain billions of dollars from the press because it provided a forum for the losing side."

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