At a hearing Tuesday in Manhattan, Justice David Cohen asked Fox to explain why former anchor
“That is clearly his opinion,” Fox News attorney
Fox argues that remarks by Dobbs, as well as by
At the time, Giuliani and Powell were claiming to “essentially have mountains of evidence -- evidence coming out of a fire hose,” Clement told the judge.
None of the defendants so far have presented evidence that the claims were accurate. Even so, millions of Americans continue to believe Trump’s allegation that massive voter fraud led to his defeat -- claims that helped trigger the deadly Jan. 6 assault on the U.S. Capitol by a mob of Trump’s supporters.
Fox has moved to dismiss a similar suit by
Connolly took aim at Fox’s assertion that Dobbs has additional protection because his show was based on his opinions rather than on fact-based reporting, arguing that Fox and Dobbs “present that show as a news program.”
“Mr. Dobbs did everything he could to reinforce the notion that he and his guests were providing concrete facts to the audience members, and they were facts that other news networks weren’t telling them or the government wasn’t paying attention to,” Connolly said.
Earlier this year Fox canceled Dobbs’s nightly show but said it was part of changes that had already been in the works.
The case is Smartmatic USA Corp. v. Fox Corp., 151136/2021, Supreme Court of the State of New York (Manhattan).
(Updates with arguments about Dobbs reports.)
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