Last updated Nov 29, 2025
politicsgovernment
The Dominion Voting Systems defamation lawsuit against Fox News will not ultimately result in Fox being found legally liable under the current U.S. defamation standard (New York Times v. Sullivan), i.e., Fox will avoid an adverse final judgment on liability.
Let me answer you directly, Jason. I think this would be a better world if Fox reliable, but I don't think they're going to be because that's not the legal standard.View on YouTube
Explanation

Sacks’ normalized prediction was that the Dominion Voting Systems defamation lawsuit against Fox News would not ultimately result in Fox being found legally liable under the New York Times v. Sullivan standard—i.e., Fox would avoid an adverse final judgment on liability.

What actually happened:

  • On March 31, 2023, the Delaware trial judge granted partial summary judgment for Dominion, ruling that Fox’s statements about Dominion were false and defamatory as a matter of law, but he left the key actual malice and damages questions for a jury at trial. This meant there was not yet a final judgment of liability under the full defamation standard. (en.wikipedia.org)
  • Jury selection began in April 2023, and trial was set to start on April 18, 2023. Just as opening statements were about to begin, the parties announced a settlement: Fox agreed to pay Dominion $787.5 million, and the trial was canceled. (washingtonpost.com)
  • Because the case settled, there was no jury verdict and no final court judgment finding Fox liable under the New York Times v. Sullivan “actual malice” standard; the case was resolved by settlement and then dismissed. (en.wikipedia.org)

Although Fox paid a massive sum and the court formally found that many of its statements about Dominion were false, the specific prediction was about avoiding an adverse final liability judgment under the governing defamation standard. That is exactly what occurred. Therefore, judged against the normalized prediction, the prediction is right.