Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News can move forward, a Delaware state judge ruled Thursday.

Law & Crime reports Delaware Superior Court Judge Eric M. Davis wrote, “For purposes of the Motion, the Court must view all well-pled facts alleged in the Complaint as true and in a light most favorable to Dominion,” but added clearly, “If the plaintiff offers ‘some direct evidence’ that the statement ‘was probably false,’ the Court can infer that the defendant ‘inten[ded] to avoid the truth.’

The far right wing cable network is being sued for giving “fictions a prominence they otherwise would never have achieved,” Dominion said in its lawsuit back in March, turning “a small flame…into a forest fire.”

“With Fox’s global platform,” Dominion’s 138-page lawsuit contents, “an audience of hundreds of millions, and the inevitable and extensive republication and dissemination of the falsehoods through social media, these lies deeply damaged Dominion’s once-thriving business.”

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In a statement Fox News called the lawsuit an “all-out assault on the First Amendment.”

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