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Fox News is set to defend itself against California Governor Gavin Newsom’s $787 million defamation lawsuit, labeling it a “frivolous publicity stunt” aimed at stifling critical speech. Newsom alleges that Fox News knowingly spread false claims about a phone call he had with President Donald Trump during an immigration enforcement period.
The network’s segment, featuring host Jesse Watters, claimed Newsom lied about the timing of their conversation, prompting the governor to seek damages for alleged damage to his reputation.
The complaint, filed on Friday in Delaware Superior Court, says Fox News acted with “actual malice” by airing a misleading segment that accused Newsom of lying about the timing of his last conversation with Trump. The amount of damages sought is the same as the $787.5 million Fox paid in 2023 to settle a separate defamation case with Dominion Voting Systems.
Newsom, a Democrat, said he spoke with Trump late on June 6 or early June 7 after federal immigration raids led to protests in Los Angeles. Days later, Trump sent National Guard troops and 700 Marines to California without consulting the governor.
On June 10, Trump told reporters he had spoken to Newsom “a day ago,” which Newsom denies. He says there was no further contact after the initial call.
Despite this, Fox News aired a segment on 10 June in which host Jesse Watters said, “Why would Newsom lie and claim Trump never called him?” according to the lawsuit. The show also included a banner on screen saying “Gavin Lied About Trump’s Call.”
According to the complaint, this was part of an effort to damage Newsom’s reputation and support Trump. The lawsuit argues that the claims were “calculated to provoke outrage and cause Governor Newsom significant harm,” by reducing support for his policies and political future.
Newsom is also seeking compensatory damages and has said, according to The New York Times, he would drop the case if Fox issued a retraction and Watters apologised on air.
Fox News did not immediately respond to a request for comment, Reuters reported. Newsom’s office also did not comment.
To win the case, Newsom will need to prove Fox acted with “actual malice” that it either knew the information was false or showed reckless disregard for the truth. This legal standard comes from a 1964 US Supreme Court decision, New York Times vs Sullivan.
President Trump has also brought defamation claims in recent years. He reached a $15 million settlement with ABC last December after a report wrongly said he was found liable for rape in a civil trial.
He also sued CBS for $20 billion over how it edited a “60 Minutes” interview with Vice President Kamala Harris. A mediator has reportedly suggested CBS parent company Paramount pay $20 million to settle.
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