California Governor Gavin Newsom's Defamation Lawsuit Against Fox News Clears Legal Hurdle

Delaware Superior Court Judge Sean Lugg ruled on June 11, 2025, that Governor Gavin C. Newsom’s defamation lawsuit against Fox News Network, LLC can go forward. The 42-page opinion addressed claims made by Fox News regarding a phone call between Newsom and President Donald Trump.

Timeline of Events

Governor Newsom and President Trump spoke by phone on Friday, June 6, 2025, after 10:00 p.m. PDT (after 1:00 a.m. EDT on Saturday, June 7, 2025). This call occurred amid civil unrest in Los Angeles, California.

On Tuesday, June 10, 2025, during an Oval Office press conference, President Trump was asked when he last spoke with Governor Newsom. Trump responded that he and Newsom had spoken "[a] day ago."

Later that day, Governor Newsom posted on X (formerly Twitter), stating:

"There was no call."

President Trump then provided Fox News reporters with a "phone log" purporting to show the call that occurred on the night of June 6–7. Fox News subsequently aired nationally televised reports, including a chyron stating: "Gavin Lied About Trump's Call."

Court Ruling on Defamation Claim

The court ruled that Newsom’s defamation lawsuit meets Delaware’s minimal pleading standards to survive a motion to dismiss under Delaware Rule 12(b)(6). The standard requires that a complaint be sufficient if a plaintiff may recover under any reasonably conceivable set of circumstances susceptible of proof.

The judge found that it is reasonably conceivable that Fox News knew its statements were false at the time of publication. Fox News argued that its statements were substantially true, asserting that Newsom’s tweet denying the call was misleading. However, the court noted that the core issue was whether Newsom lied about the call’s existence, not its timing.

Governor Newsom contended that the timing of the call was the central dispute. He argued that his denial of a call "a day ago" was not a lie because the question pertained to timing, not whether a call occurred at all.

Fox News’ Statements and Context

Fox News host John Roberts responded to Newsom’s X post on June 10, 2025, asserting that Trump’s call logs and Trump himself confirmed the call. However, Roberts did not specify when the call occurred.

Another Fox News host, Jesse Watters, questioned why Newsom would lie about speaking with the President, but also did not address the timing of the call. The crux of Fox News’ statements was whether Newsom ever spoke with Trump, not when the call took place.

The court found that Fox News excluded pertinent context in making its assertion that Newsom lied, which could support a claim of defamation.

Legal Standards and Next Steps

The ruling does not determine the ultimate outcome of the case but allows it to proceed to discovery and potential trial. Fox News has not yet filed a formal response to the lawsuit.