Fox News Dominion Voting Systems Settlement: $787.5 Million Resolution Exposing Trump's Election Lies as Source Material
Tier 1Settled2020-11-03 to 2023-04-18
Factual Summary
On April 18, 2023, Fox News agreed to pay Dominion Voting Systems $787.5 million to settle a defamation lawsuit, the largest publicly known defamation settlement in American media history. While Fox News was the defendant, the case exposed through sworn testimony and internal communications that Donald Trump's false claims about the 2020 election were the source material for the defamation, and that Fox personnel knowingly amplified claims they privately regarded as false.
Dominion filed suit in March 2021, alleging that Fox News had repeatedly broadcast false claims that Dominion's voting machines had been used to steal the 2020 presidential election from Trump. The claims originated from Trump allies including Sidney Powell, Rudy Giuliani, and Mike Lindell, who appeared on Fox programming to allege that Dominion machines had switched votes, were connected to Venezuela, and were part of a coordinated conspiracy to rig the election.
During pre-trial discovery, internal Fox communications were made public and revealed that prominent hosts and senior executives privately dismissed the election fraud claims while continuing to broadcast them. Among the revelations:
Fox News chairman Rupert Murdoch described the election fraud claims as "really crazy stuff" and expressed concern that the coverage was "terrible stuff damaging everybody." In his deposition, Murdoch acknowledged that certain Fox hosts had endorsed the false narrative.
Host Tucker Carlson wrote in a private text message that Sidney Powell's claims were "insane" and "totally off the rails." Host Sean Hannity stated in his deposition that he "did not believe it for one second" when Powell alleged on his show that Dominion machines had been rigged. Host Laura Ingraham privately called Powell's theories "total BS."
The evidence showed that Fox's editorial decisions were driven in part by fear of losing viewers to competitors Newsmax and One America News Network, which were broadcasting the election fraud claims without qualification. Internal communications revealed discussions about the financial consequences of contradicting Trump's narrative.
The case was filed in Delaware Superior Court. Judge Eric Davis ruled before trial that Fox's statements about Dominion were false, leaving the jury to determine only whether Fox acted with "actual malice," the standard established in New York Times Co. v. Sullivan (1964). The settlement was reached on the first day of trial, just before opening statements.
Primary Sources
1. Dominion Voting Systems Inc. v. Fox News Network LLC, No. N21C-03-257 EMD (Del. Super. Ct.)
2. Judge Eric Davis, summary judgment opinion, March 31, 2023
3. Deposition transcripts of Rupert Murdoch, Sean Hannity, Tucker Carlson, and Laura Ingraham (filed as exhibits)
4. Internal Fox News communications entered into the court record during pre-trial proceedings
Corroborating Sources
1. PBS NewsHour: "Fox News to pay $787M settlement to Dominion Voting Systems over stolen election lies," April 18, 2023
2. CNN: "Fox News settles with Dominion at the last second, pays more than $787 million to avert defamation trial over its 2020 election lies," April 18, 2023
3. NBC News: "Fox News and Dominion reach $787.5 million settlement in defamation lawsuit," April 18, 2023
4. Variety: "Fox to Pay $787 Million in Dominion Defamation Trial Settlement," April 18, 2023
Counterarguments and Context
Fox News characterized the settlement as a business decision that allowed the network to avoid a lengthy and costly trial, and it did not include an on-air apology or admission of wrongdoing. Fox stated that it was "proud of our 2020 election coverage" and that the settlement reflected "a continued commitment to the highest journalistic standards." Supporters argued that the case involved questions about media coverage of newsworthy allegations made by public figures and that reporting on such claims, even skeptically, is protected by the First Amendment. Trump himself was not a party to the lawsuit, and Fox's decision to settle does not constitute a legal finding against Trump personally.
Author's Note
Although Trump was not the defendant in this case, the court record establishes that his false claims about the 2020 election were the engine that drove the defamation. The internal communications revealed during discovery represent some of the most compelling evidence that the individuals closest to broadcasting Trump's election lies knew them to be false. The $787.5 million settlement, while resolving the legal matter, does not address the underlying harm: the erosion of public trust in democratic elections, driven by claims that even their most prominent amplifiers did not believe.