Newsom’s $787 Million Fox News Defamation Lawsuit Advances
California Governor Gavin Newsom has secured an early legal victory in his high-profile defamation lawsuit against Fox News, with a judge allowing the case to move forward. The ruling marks a significant procedural win for Newsom and sets the stage for a potentially consequential legal battle over media accountability, political speech, and the limits of First Amendment protections.
The lawsuit, filed in Delaware Superior Court, seeks approximately $787 million in damages—an amount that mirrors the settlement Fox News previously paid in a separate defamation case involving Dominion Voting Systems. Newsom’s complaint centers on Fox News coverage of a phone call he had with President Donald Trump during a period of unrest and protests in Los Angeles. According to Newsom, the network falsely portrayed him as having lied about the timing and nature of that conversation.
At the heart of the dispute is whether Fox News knowingly broadcast false statements or acted with what U.S. law defines as “actual malice.” For public figures like Newsom, this is a high legal bar: they must prove not only that statements were false, but that the publisher either knew they were false or acted with reckless disregard for the truth.
In a recent ruling, Judge Sean P. Lugg denied Fox News’ attempt to dismiss the lawsuit at an early stage. The judge concluded that it was “reasonably conceivable” that the network may have knowingly aired false statements about Newsom, particularly in segments suggesting he had lied about the phone call.
This decision does not determine whether Fox News is liable for defamation. Instead, it allows the case to proceed into the discovery phase, where both sides can request documents, depose witnesses, and gather evidence. Discovery is often a critical stage in defamation cases, as it can reveal internal communications and editorial processes that may shed light on whether false statements were made knowingly or recklessly.
Newsom has framed the lawsuit as a necessary step to hold media organizations accountable for misinformation. He argues that Fox News deliberately mischaracterized facts to damage his reputation and protect political allies. His legal team contends that the network’s actions go beyond protected opinion or commentary and enter the realm of factual misrepresentation.
Fox News, on the other hand, has strongly denied the allegations. The network has characterized the lawsuit as an attack on free speech and a politically motivated effort to silence criticism. It argues that its reporting falls within the protections of the First Amendment, which allows media outlets to express opinions and report on public controversies—even if those reports are contested.
The case also draws broader attention because of its political context. Newsom is widely viewed as a prominent Democratic figure and a potential future presidential candidate, while Fox News is a major conservative media outlet. As a result, the lawsuit is not only a legal dispute but also part of a larger political and media landscape shaped by polarization and competing narratives.
Legal experts say the ruling underscores the difficulty of dismissing defamation claims at an early stage when plaintiffs plausibly allege intentional falsehoods. Courts are often cautious about shutting down such cases before evidence can be fully examined, especially when claims involve potential “actual malice.”
The case also comes amid increased scrutiny of media organizations following several high-profile defamation lawsuits in recent years. The earlier Dominion case, in which Fox News agreed to pay over $787 million, demonstrated that media companies can face substantial financial consequences if found to have spread false information knowingly.
If Newsom ultimately prevails, the case could further shape the legal boundaries of media responsibility and political reporting. It may also influence how courts interpret “actual malice” in an era of fast-moving news cycles and highly partisan coverage.
For now, the ruling simply ensures that the case will move forward. The next phases—discovery, potential summary judgment motions, and possibly a trial—will determine whether Newsom can meet the demanding legal standard required to win a defamation claim against a major news organization.
Key Legal Outcomes
- Judge denied motion to dismiss, allowing case to proceed
- Court found claims “reasonably conceivable” under defamation law
- Lawsuit advances to discovery phase
- Case centers on “actual malice” legal standard
- No ruling yet on liability or damages
Why It Matters
- Tests limits of First Amendment protections vs defamation
- Highlights challenges of suing media as a public figure
- Could impact standards for political reporting accuracy
- Builds on precedent from recent major media lawsuits
- May influence future cases involving misinformation claims

