Ex-Biden official’s lawsuit against Fox echoes case that led to big settlement – Gist It

Ex-Biden official’s lawsuit against Fox echoes case that led to big settlement

Former Biden administration official, Nina Jankowicz, has filed a defamation lawsuit against Fox News over alleged false claims about her made by the network, drawing parallels with a similar case which saw Fox News settle for $787 million.

Defamation case in motion: Jankowicz’s lawsuit, filed in May, is proceeding in a federal court in Delaware.
* Jankowicz alleges Fox News stars and commentators repeatedly lied about her even after being informed their claims were incorrect.
* As leader of the now-dissolved Disinformation Governance Board, Jankowicz says she was wrongly portrayed as policing speech and acting as the nation’s chief censor, leading to her leaving public service due to abuse.

Essential backstory: Fox News paid $787 million in April to settle a defamation lawsuit over false claims of fraud in the 2020 presidential elections.
* The lawsuit by Jankowicz is likely to test the limits of free political speech protections as it involves statements about public figures.
* For Fox to be held liable for defamation, the statements must be proved false and damaging and it must be shown that Fox knew, or had reason to know, they were false.

Fox’s defense: Fox News has submitted a motion to dismiss the case, arguing that its hosts were exercising their First Amendment rights.
* Fox’s lawyers argue they were criticizing the government’s Disinformation Board and Jankowicz’s appointment, describing their commentary as “core political speech.”
* They argue that the criticism over matters related to her work does not constitute defamation, but is part and parcel of political discussion.

The expected challenge: Despite the complexity of the case, Jankowicz’s lawyers believe they can meet the high bar set for defamation if allowed to proceed to discovery.
* They argue that defamation law is crucial to prevent malicious false statements of fact from becoming part of public discourse.

View original article on NPR

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