Dominion Voting Systems v Fox News Network: Defamation Actions as a Tool for the Rule of Law in Turbulent Times

When we think about areas of law that are most essential to advancing the Rule of Law in turbulent times, constitutional law and its limits on the power of government might be the first thing that comes to mind. Injury or tort law is probably not at the top of the list. Yet the law of defamation, one type of tort law, arguably played a significant role in counteracting false statements about the 2020 Presidential Election in the United States, false statements that led to a violent assault on the U.S. Capitol. Dominion Voting Systems, the manufacturer of electronic voting machines, sued Fox News for defamation based on statements asserting that Dominion rigged the election and committed election fraud. After a judge rejected several of Fox’s main defenses raised in a summary judgment motion, Fox agreed to pay Dominion $787.5 million to settle the case. This Article explains the court’s summary judgment decision. It concludes by arguing that controversial aspects of U.S. defamation law – such as the high bar of the actual malice standard and the trend against recognizing the privilege of neutral reportage – helped advance the Rule of Law in this case.