Fox has been fighting to prevent Dominion Voting Systems from landing a $1.6 billion judgment for conspiracy theories about the 2020 presidential election that the network aired, as the case heads for jury selection this week.

Even before trial begins, Fox heads into court with stinging defeats. A judge found, in a rare summary judgment ruling, that the broadcasts at issue in the case were false. Dominion only has to prove that Fox acted with actual malice.

In the latest episode, First Amendment scholar Jeff Kosseff explains why that standard, established by the landmark SCOTUS decision New York Times v. Sullivan, remains Fox's "only lifeline" shielding the network from massive liabilities.

Check out episode 79 for more information about what Dominion uncovered during discovery.

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