The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Free Speech

Today's Order Allowing Dominion Voting's Case Against Fox to Go Forward


The order, which denied Fox's motion for summary judgment and partly granted Dominion's motion for summary judgment as to certain elements of the claim, is here; it's 130 pages long, and I'm likely not to have the time soon to get through the whole thing and digest it, but I thought I'd pass it along. An excerpt, though, as to the falsehood of the underlying statements (emphasis in original):

While the Court must view the record in the light most favorable to Fox, the record does not show a genuine issue of material fact as to falsity. Through its extensive proof, Dominion has met its burden of showing there is no genuine issue of material fact as to falsity. Fox therefore had the burden to show an issue of material fact existed in tum. Fox failed to meet its burden. The evidence developed in this civil proceeding demonstrates that is CRYSTAL clear that none of the Statements relating to Dominion about the 2020 election are true. Therefore, the Court will grant summary judgment in favor of Dominion on the element of falsity.