Key Points
- Fox News Media is seeking an appeal in a defamation case filed by Gavin Newsom through interlocutory review.
- Attorneys for Fox News argues the case should be dismissed because Newsom has not met the “actual malice” standard required for public officials.
- A judge allowed the lawsuit to proceed, but Fox News says an immediate appeal could resolve key legal issues early.
- Download the legal documents here | Make a donation to support our legal research
Attorneys for Fox News Media have asked a judge in Delaware to certify an order that allows California Governor Gavin Newsom’s defamation lawsuit to move forward, which would allow the broadcaster to file an appeal on the matter.
According to court documents reviewed by The Desk on Thursday, the certification would allow Fox News to bring the case to Delaware’s appellate court through a process known as interlocutory review.
That process allows Fox News to bring matters to the appeals court before the defamation case brought by Newsom continues in the lower court.
Newsom sued the network last year over comments made by prime-time host Jesse Watters that mischaracterized a telephone call between the governor and President Donald Trump. The dispute arose after Trump said during an Oval Office press conference that he had spoken with Newsom “a day ago” about protests taking place in Los Angeles over federal immigration raids.
Newsom challenged the claim, posting on social media that there was “no call” and “not even a voicemail” while claiming Trump “doesn’t even know who he’s talking to.” Fox News later said the president provided call logs that demonstrated a call between the two leaders took place.
During his program, Watters aired Trump’s comments but omitted the portion in which Trump said the call happened “a day ago.” Watters then displayed Newsom’s social media post and asked why the governor would “lie and claim that Trump never called him.”
Newsom’s lawsuit claims the segment wrongly accused him of lying. He is seeking $787.5 million in damages — a novelty amount that closely resembles what Fox News paid to settle a defamation case brought by Dominion Voting Systems several years ago.
Newsom, who is speculated to be considering a campaign to succeed Trump as president, vowed to withdraw the lawsuit if Fox News and Watters issued an apology. Watters later said Newsom “didn’t deceive anybody on purpose,” but remarked that Newsom’s comments on social media were not clear enough to properly interpret.
In court documents filed on Monday, attorneys for Fox News argued the lawsuit should be dismissed because Newsom, as a public official, must show actual malice, meaning Fox News knew the statement was false or acted with reckless disregard for the truth. The company says Newsom has not met that standard.
“Fox News rationally interpreted Newsom’s tweet stating that ‘There was no call’ to mean a call never took place,” the petition said, reiterating Watters’ claim that Newsom’s social media posts were ambiguous.
The company also accused Newsom of filing the case in Delaware to avoid California’s anti-SLAPP law, which provides stronger protections for defendants in lawsuits involving speech on matters of public concern. While Fox News has corporate registration in Delaware — a state with no anti-SLAPP law — it has registered businesses and operates in California as well, where Fox News has a regional bureau and where the network’s parent company owns four local TV stations.
In April, Delaware Superior Court Judge Sean P. Lugg allowed Newsom’s case to continue, something the network said was an error because he misinterpreted California laws. To that effect, Fox News said allowing Newsom’s lawsuit to proceed was wrong because he did not request a correction from the network before suing it.
Attorneys for Fox News said immediate review could end the litigation or, at the very least, determine whether Delaware is the proper forum for the case.
Fox News Media is part of Fox Corporation.
