Story perspectives

Delaware Judge Lets $787M Newsom Defamation Suit Proceed Against Fox

5/3/2026

Summary

Story summary

Delaware judge rejected Fox News’s First Amendment dismissal, allowing Governor Gavin Newsom’s $787 million defamation suit to proceed.
The judge said the claims could meet the higher actual-malice standard for public officials.
Discovery could force Fox’s internal emails and texts into the public record, as in the Dominion case.
Newsom told Bill Maher Fox should settle or apologize and said his online style mirrors President Donald Trump to expose absurdity.

History

Historical Context

In 1964 the Supreme Court’s unanimous decision in New York Times Co. v. Sullivan required public officials to prove actual-malice—knowledge of falsity or reckless disregard—when suing for defamation, overturning a $500,000 verdict against the Times. Subsequent cases such as Curtis Publishing Co. v. Butts (1967) extended the rule to public figures, shaping today’s high-stakes media lawsuits.

1 of 2

Story summary

Delaware judge rejected Fox News’s First Amendment dismissal, allowing Governor Gavin Newsom’s $787 million defamation suit to proceed.
The judge said the claims could meet the higher actual-malice standard for public officials.
Discovery could force Fox’s internal emails and texts into the public record, as in the Dominion case.
Newsom told Bill Maher Fox should settle or apologize and said his online style mirrors President Donald Trump to expose absurdity.

1 / 2