How much is an on-air apology and a retraction worth? According to California Governor Gavin Newsom, $787 million sounds about right.
If that number sounds familiar, it's because that's the amount Fox News settled for with Dominion Voting Service in 2023 to avoid a trial over allegedly knowingly disseminating falsehoods about a rigged voting system in the 2020 U.S. elections. The network once again finds itself accused of defamation over their coverage of conversations between Newsom and President Donald Trump.
In his lawsuit filed on June 27, 2025, Newsom accuses Fox News hosts John Roberts and Jesse Watters, along with two producers, of spreading lies and deceitfully editing video clips. This, Newsom asserts, was done in an attempt to obfuscate President Trump's claim about their communication regarding protests in Los Angeles.
Those Who Cannot Remember the Past Are Condemned to Repeat It
There are a few things both sides agree on. Massive Immigration and Customs Enforcement (ICE) raids in Los Angeles set off a wave of protests. Governor Newsom and President Trump had a phone conversation lasting around 15 minutes overnight on June 6th and 7th. Beyond that, two very different paths forward emerge.
Governor Newsom insists that he and President Trump didn't speak about the protests despite his efforts to bring them up. On June 9, President Trump announced plans to deploy the California National Guard and other federal troops in response to the protests. Governor Newsom, who refused to authorize the use of the National Guard, filed suit for an injunction to cease their deployment after other means were used to mobilize them.
At a White House press meeting on June 10, a reporter asked President Trump when he'd last spoken with Governor Newsom. The president responded, "A day ago."
The Governor quickly disavowed that version on social media, expressing concern that someone deploying Marines "doesn’t even know who he’s talking to."
According to his lawsuit, Governor Newsom doesn't know if Fox News acted quickly because President Trump's "distortion was intentionally deceptive or merely a result of his poor cognitive state," but he singled out the acts of two Fox hosts and their producers.
John Roberts first addressed the issue on social media, quoting a response from President Trump calling Newsom a liar but omitting the dates of the call in question. Roberts then went on the air and said that President Trump had said he'd spoken with Governor Newsom "yesterday or the other day," which is in direct contrast to the footage from the June 10 presser.
The lawsuit goes on to accuse Jesse Watters of furthering the falsehood and slandering of Governor Newsom. On his show later on June 10th, with a chyron proclaiming "NEWSOM LIED ABOUT TRUMP'S CALL" beneath him, Watters played a clip of President Trump's press conference with "a day ago" edited out. He then accused Governor Newsom of lying about receiving any calls from President Trump, which was not what Governor Newsom was claiming.
All of This Can Go Away With a Few Words
Governor Newsom's suit accuses the defendants of defamation per se and violations of California's Unfair Competition Laws. To successfully prove the Fox News employees are liable for their statements, Governor Newsom must prove that:
- Roberts and Watters each made a statement
- The statement was "published," which includes broadcast TV and social media
- The statement was false, and the defendants were aware of this when they knowingly published it with a reckless disregard of the truth
- The statement did not fall into a privileged category
Unlike typical defamation claims that must show specific evidence of an injury, a defamation per se claim argues that the statement was so inherently harmful that the courts will assume damage resulted.
While the complaint was filed in Delaware due to that being where Fox News is incorporated, California defamation laws will come into play. This means the defendants may be found liable for general damages, special damages, and punitive damages. Fox News has responded by labeling the suit a "publicity stunt" and indicated its intention to fight it.
There's one caveat to this entire legal undertaking. Governor Newsom has indicated he will drop the lawsuit if Fox News issues an on-air apology for accusing him of lying and retracts its claims. This forces a very difficult decision on the network.
Related Resources:
- How Settlement Negotiations Work (FindLaw's Legal System Guide)
- Defamation, Libel, and Slander (FindLaw's Torts and Personal Injury Law)
- Fox Settles Dominion Defamation Case for $787 Million (FindLaw's Courtside)
