PatriotNews , 2023-03-15 18:56:37
Fox News is embroiled in a second defamation suit from a voting technology firm, Smartmatic, in the wake of damning revelations in the $1.6 billion lawsuit that Dominion Voting Systems has launched.
Smartmatic Sues Fox News
In February 2021, Smartmatic filed a lawsuit against Fox News, its anchors, and former Trump lawyer Rudy Giuliani for making false claims that it had helped rig the 2020 presidential election in favor of Joe Biden. The New York Supreme Court in Manhattan cleared the way for the case to proceed last week. Smartmatic is suing Fox for $2.7 billion and claims the network, Maria Bartiromo, and Lou Dobbs knowingly lied in order to capitalize on Trump’s popularity and improve ratings.
Smartmatic Attempts to Set the Record Straight
The complaint argues that Fox and its anchors spread “lies” and false information in support of Trump’s fraudulent election conspiracy theory, which ultimately led to direct threats and harassment towards Smartmatic Elections and its personnel. Additionally, the company had to take extra precautions and incur costs for physical security for their offices and personnel.
Now, Smartmatic is taking action to hold Fox accountable for all the false statements and for the damage it has caused, but the high bar for winning a defamation case in New York, means Smartmatic will have to prove Fox either knew it was lying and reported it anyways, or recklessly disregarded the truth.
Expert Insight
Many of the details from Dominion’s case are now public and will be used as evidence because it helps establish the indifference to truth by the defendants and supports Smartmatic’s claim of Fox’s “business model that deliberately suppressed facts” in order to retain its audience and insure high profits.
Harvard constitutional scholar Laurence Tribe posits that much of the evidence can help with proving actual malice. Catherine Ross, a constitutional law professor at George Washington University, adds that proving actual malice will mean Smartmatic must show Fox either knew it was lying and reported it anyway, or recklessly disregarded the truth.
Fox Responds
Fox has denied any wrongdoing in both cases and states that Dominion’s is taking an “extreme” view on defamation law. Fox also claims Smartmatic’s estimated losses are an attempt to deter Fox journalists from doing their job.
Impact of Lawsuits
These lawsuits could have a serious impact on Fox News if the court finds enough evidence of malicious lies. The reputational harm could lead to loss of advertisers and some programs may be removed from the air. Additionally, punitive damages could lead to a “big enough award to get even Fox News’ attention”.
The lawsuit filed by Smartmatic is a crucial testament to the power of the people, and more importantly, the accountability of the press in a democratic society. Fox’s reckless disregard of the truth, in order to capitalize on President Trump’s popularity, has ultimately resulted in greater pressure to be truthful and honest to their viewers.