The most significant libel trial in decades has commenced – and it’s money that talks. The $1.6 billion lawsuit Dominion Voting Systems has lodged against Fox News Network centers on whether the channel spread false claims that the 2020 election was rigged against then-President Donald Trump. The case hinges on whether Fox defamed Dominion by promoting these claims. Dominion could lose out on a significant payout if the court rules against it. Meanwhile, Fox is embarrassed by allegations that several of its executives and presenters didn't believe in the supposed fraud claims that the network put out on air. There is also the looming prospect of 92-year-old founder Rupert Murdoch testifying, something Fox doesn't want to happen.

As Dominion and Fox News head to court, the two sides might instead attempt to settle before the trial goes before a jury. According to someone close to Fox, the presiding judge suggested trying to mediate the problem with Dominion. If a settlement doesn’t happen, then the jurors will determine whether Fox’s promotion of Trump’s lies meets the actual malice standard set by the Supreme Court in its 1964 ruling in New York Times v. Sullivan. Actualmalice requires Fox to prove it knew its false claims were false, or that it recklessly disregarded the accuracy of the claims.