Dominion-Fox News trial: Why Dominion might settle before a trial

But there is always the risk that a jury, at the end of a six-week trial, just might not agree with Dominion's case. And even if Dominion does win,, including up to the Supreme Court, which means the case could be tied up for years before Dominion sees any money.

"You'll never get the full picture," Jane Kirtley, a professor at the University of Minnesota's journalism school and former executive director of the Reporters Committee for Freedom of the Press, told Insider before the trial."If you try to use a libel suit as a means to determine what the truth is, it's just not going to be very effective."Some experts have been saying for months now that Fox ought to settle and have been puzzled by why the company hasn't.

Fox News, for its part, sees different stakes. It has denied Dominion's allegations and says the First Amendment is on the line. The company argues that it was fairly reporting on explosive claims made by the sitting president of the United States.— meaning it didn't intentionally lie or intentionally disregard the truth — the bar for victory in a defamation suit involving public figures.

But just because Fox may settle Dominion's lawsuit doesn't mean it's free of legal risk. It has another major lawsuit pending from Smartmatic, also an election technology company that claims Fox News and Fox Corporation defamed it when they invited Trump lawyers Sidney Powell and Rudy Giuliani to share election conspiracy theories.

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