We’re sending much moral support to Wall Street Journal reporter Evan Gershkovich, charged with espionage in Russia, where his news gathering was criminalized. On Tuesday, watching Gershkovich inside that glass and metal cage in a Moscow courtroom, where his not-guilty plea was denied, was chilling. Shout-outs to the brave Russian journalists who yelled words of encouragement and support to him.
In Russia and others countries without press freedom, our First Amendment is envied. Here in the U.S., we sometimes take it for granted. But at Fox News, the right of press freedom was downright debased and perverted in the network’s spreading of lies, saying Dominion Voting Systems’ machines were used to steal the White House from former President Donald Trump. Falsehoods helped spark violence on Jan. 6, 2021, at the Capitol, rattling our nation to its core.
Also on Tuesday, far from Moscow in Wilmington, Delaware, the accountability Dominion sought came in the form of money in the defamation settlement with Fox for $787 million. Not in an on-air apology, which Dominion originally demanded.
Note, the difference in language between statements released after the settlement.
“Lies have consequences,” Dominion lawyer Justin Nelson said. “Today represents a ringing endorsement for truth and for democracy.”
Fox’s statement said: “We acknowledge the court’s rulings finding certain claims about Dominion to be false. This settlement reflects Fox’s continued commitment to the highest journalistic standards.”
Again, far from an apology. And a stretch.
Although both companies can move ahead to other legal tangles, lasting damage has been done. Conspiracy theories endure and thrive. Huge parts of our country don’t recognize the current presidential administration as legitimate and doubt our democracy.
Like Fox’s barely-there coverage of the Jan. 6 investigation, the cable channel sparingly broadcast news of the would-be trial. Time stands still for its sole viewers with Trump in the White House.
This defamation settlement is both a loss and win for journalism.
The loss – again, Fox didn’t apologize. Fox executives and commentators, under oath, won’t have to tell its viewers and the world that they and their guests lied repeatedly, colorfully, about the outcome of the 2020 election and voting systems. Under the threat of perjury, Fox personalities won’t sweat and squirm on the stand, and say they never believed it, they said what they did for money and the brand. They won’t testify that Trump and his defenders lied, either.
This is in Fox’s best interest. This is a bad deal for America.
The win – if you call staying the same a win – is that reporters won’t be threatened by the defamation lawsuit’s outcome or appeals. We can still do our jobs as we do them now, however imperfectly. The 1964 New York Times v. Sullivan remains the precedent that protects news media from frivolous lawsuits from powerful people who would like to yank our fingers off keyboards. The burden of proof is still on the accuser, not the accused.
We were hoping for a trial with journalism lessons spelled out. Dominion’s reputation was harmed to the point of damage, a standard in a defamation case. Claims were presented as facts, the company is identifiable and people can connect the dots back to Dominion, thanks to Fox.
More corporate lawsuits are coming. Fox faces a defamation lawsuit from Smartmatic, which seeks $2.7 billion. Dominion is suing individuals and groups that pushed lies, including One America News, Rudy Giuliani, Sidney Powell and Mike Lindell.
For the 2024 election, we expect less-outlandish coverage that gets closer to the truth. We have to protect what protects us – the First Amendment. It epitomizes being an American and our civil rights. After all, we’re not in Russia.
