Wilmington, Delaware. Lawyers for Dominion Voting Systems believe their evidence is contained in hundreds of pages of ballot papers against Fox News and Fox Corp. so convincing that they don't even need a jury to decide if they're defaming, or at least trying to. They did. on Tuesday to convince a judge in a key hearing in a $1.6 billion defamation lawsuit.
However, Fox News argued that the First Amendment fully covers his conduct.
The voting systems manufacturer, the broadcaster and its parent company asked the judge to reconsider several parts of the case, a so-called punitive order.
Delaware Superior Court Judge Eric Davis entered the second day of arguments Tuesday afternoon after a nearly seven-hour hearing. They will resume at 9.30 on Wednesday and continue until noon.
Dominion was the first to file an objection on Tuesday, saying it could not defend itself against the allegations published by Fox News. Some of the evidence they gave — quotes from Fox reporters expressing anger and disbelief at the allegations — drew laughter from the courtroom.
“Fox basically made Sidney Powell a household name, a household name. It was the Fox iteration that gave it resonance and appeal,” said Rodney Small, one of Dominion's attorneys, during opening arguments.
"The implications of these proposals could have enormous implications not only for stakeholders, but also for the future of defamation and free speech rights," said Ronnell Andersen Jones, a professor at Utah State College of Law. The first change.
Each decision could dramatically narrow and change the history and future of the widespread defamation case, determining which allegations should be heard, who could be prosecuted and what questions a jury would have to answer.
For example, Delaware Supreme Court Justice Eric Davis may agree with Dominion that its claims are defamatory; Dominion is linked to late Venezuelan President Hugo Chavez, and its equipment was used to influence the 2020 election of President Joe Biden. The second name is indeed false and saves the jury from having to consider the evidence in this case.
In that case, Dominion's case will focus on whether Fox News and Fox Corp. with "actual malice", knowing the lie or recklessly disregarding the truth, in publishing the allegations.
Or Davis could Fox Corp. agree that Dominion's evidence of the parent company's involvement in Fox News broadcasts and tweets is extremely weak, giving Fox Corp chairman Rupert Murdoch a victory on that front and leaving Fox News alone to defend its actions.
Both parties may face difficult problems. At a status hearing this month, Davis said he's known for interrupting questions.
Andersen Jones said each of the allegedly defamatory reports and tweets will be investigated and the hearing will be insightful for those following the case.
Tuesday's filings and hearings will "give a really useful picture of what we expect to see from the jury next month," he said.
The judge can make a decision immediately after the hearing or wait a few days.
Jury selection is scheduled to begin on April 13, and the trial will take place next week, on April 17.
This article was originally published on NBCNews.com.