Smartmatic’s lawsuit against Fox News for election-rigging claims must proceed

New York Court Rejects Fox News’ Bid to Dismiss Multibillion-Dollar Defamation Lawsuit

By Jonathan Stempel

A recent ruling by a New York state appeals court dismissed Fox News’ attempt to throw out a multibillion-dollar defamation lawsuit. The lawsuit accuses the network of falsely implicating an electronic voting systems company in rigging the 2020 U.S. presidential election in favor of Joe Biden over Donald Trump.

Allegations Against Fox News

In a unanimous 5-0 decision, the Appellate Division in Manhattan stated that Smartmatic USA presented detailed allegations against Fox News. The lawsuit claims that the network, along with certain anchors and guests, knowingly engaged in defamation with reckless disregard for the truth. Smartmatic sought $2.7 billion in damages, alleging that Fox News spread false information to boost ratings and retain Trump supporters.

Reinstated Claims and Case Continuation

The court’s decision allows Smartmatic to proceed with its legal action against Fox News, including host Maria Bartiromo and former host Lou Dobbs. Additionally, the ruling reinstated some previously dismissed claims against Rudolph Giuliani and host Jeanine Pirro. Fox News, defending itself and the hosts, expressed confidence in prevailing against the lawsuit.

Protection of Freedom of the Press

Fox News has maintained that its reporting on fraud claims is protected by the First Amendment. The network emphasized the importance of freedom of the press in democracy and criticized the damages sought by Smartmatic as baseless and unsupported. Giuliani’s lawyer was not immediately available for comment.

Upcoming Legal Battle

Smartmatic’s legal representative, J. Erik Connolly, expressed readiness to hold Fox News and the other defendants accountable in court. The court’s decision upheld a previous ruling by state Supreme Court Justice David Cohen. Dominion Voting Systems, another voting technology company, is pursuing a similar $1.6 billion lawsuit against Fox News in Delaware.

Conclusion

As the legal battle continues, the outcome of this high-profile case remains uncertain. The implications of this ruling could have lasting effects on how media outlets report on elections and political events in the future.

The case is Smartmatic USA Corp et al v Fox Corp et al, New York State Supreme Court, Appellate Division, 1st Department, No. 2022-01291. (Reporting by Jonathan Stempel in New York; Editing by Daniel Wallis)