If Fox and its progeny, OAN and Newsmax, are wiped from the face of the Earth, it will be due to a confluence of three things. One is Trump and his inability to ever admit to a loss, plus #ETTD. The second will be the networks’ inability to ever cross Trump. And, third, it will because the voting machine maker Dominion decided they were not going to roll over and take it.
On Thursday, Fox lost a big round in its suit against Dominion. It did not lose the case. In fact, it likely simply lost the initial portion, whether Fox as a corporation could be sued for something said by individual human beings on their individual shows, a “12(b)(6) motion,” which basically means, “Can they even sue us for this at all?”
The court said, “Yes, yes they can.” And according to CNN’s Jeffery Toobin it’s a huge blow to Fox. This site will say that it’s a huge blow not just from the standpoint that they’re now possibly on the hook for the money, but also because Dominion’s attorneys and investigators are going to be rummaging through everything they want from Fox through the legal “discovery” process and looking at how Fox hosts make decisions as to what to air, how much control executives have over each show, how much fact-checking (or not) goes into each show, all kinds of embarrassing stuff.
“And that’s what Fox is going to have to defend. And I don’t know how they’re going to defend it it. I think it’s a very good case for the plaintiffs.”