Watch a First Amendment lawyer explain the “very rare and very powerful evidence of actual malice” by Fox News revealed in Dominion filing
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From the March 1, 2023, edition of MSNBC's Deadline: White House
NICOLLE WALLACE (HOST): Can you talk about not just the sending of those missives but the receipt of them and how they were disseminated within Fox News?
LEE LEVINE (GUEST): Yeah, I think it's crucially important because even if Fox could argue that at the beginning when it first started putting Giuliani and Powell on the air, it didn't know that what they were saying was false. After all they were working for the President and the President was making these allegations. But as time went on and Dominion again and again and again provided Fox with information suggesting and strongly indicating that a lot of what Giuliani and Powell were saying was false, they continued to put them on the air knowing what they were going to say.
I think one of the most important things that stuck out to me about the new filing, which I had not realized before, was that some of these programs were rebroadcast in their entirety so that between the time of the original broadcast and the time of the rebroadcast, Dominion provided information to Fox that what Giuliani or Powell had just said was false. And yet, Fox went ahead and rebroadcast it. That's very rare and very powerful evidence of actual malice.