Hannity aired claims he "didn't believe"

When the U.S. Supreme Court under Chief Justice Earl Warren handed down its unanimous decision in New York Times v. Sullivan back in 1964, it established a tough standard that plaintiffs have to meet in defamation lawsuits. Plaintiffs, according to the Warren Court, have to prove "actual malice." And that is what Dominion Voting Systems is trying to prove in the defamation lawsuits it filed against Fox News, Newsmax TV, One America News (OAN) and others in response to the false claims they promoted about the 2020 presidential election.

After Donald Trump lost the 2020 election to now-President Joe Biden by more than 7 million votes, many far-right MAGA Republicans at Fox News, Newsmax and OAN promoted the false claim that Dominion's voting equipment was used to help Democrats steal the election — a conspiracy theory that has been repeatedly debunked. Fox News, in response to Dominion's defamation lawsuit, has maintained that its hosts weren't saying the claims about Dominion were true, and that they were just asking questions.

Dominion, meanwhile, is trying to show, in its $1.6 billion lawsuit, that hosts at Fox News acted with actual malice and promoted claims they knew were nonsense. And on Wednesday, December 21, attorneys for Dominion pointed to Fox News host Sean Hannity as an example of someone who knew that the Big Lie was a lie but promoted the claims of Trump attorney Sidney Powell anyway. Powell, who is also facing a defamation lawsuit from Dominion, falsely accused Dominion of helping Democrats steal the election from Trump. Another MAGA Republican who made that false claim and is being sued by Dominion is MyPillow CEO Mike Lindell. Dominion has sued former Trump lawyer Rudy Giuliani as well.