Fox Corporation is seeking to have a $2.7 billion Defamation lawsuit filed against it by voting technology firm Smartmatic dismissed, arguing that its broadcasts after the November 3 election were protected by the First Amendment of the US Constitution. Smartmatic alleges that Fox News, a subsidiary of Fox Corporation, spread former President Donald Trump’s false claims about the election, including Conspiracy theories related to Smartmatic’s Voting machines, in order to turn a profit and gain favor with Trump.
In response to the lawsuit, Fox argued that Trump’s efforts to overturn the election results were “objectively newsworthy” and that the network was simply acting as a news provider by allowing the former president’s attorneys and surrogates to present their case on television. Fox’s lawyer, Paul Clement, stated in the court filing that the lawsuit strikes at the heart of the news media’s First Amendment mission to inform on matters of public concern. Clement cited the landmark 1964 press freedom case, New York Times Co. v. Sullivan, to support Fox’s argument.
Smartmatic’s lawsuit names Fox Corporation, Fox News, three Fox hosts, and lawyers Rudy Giuliani and Sidney Powell as defendants. Clement argued that Fox and its hosts Lou Dobbs, Maria Bartiromo, and Jeanine Pirro should not be held liable, although he left open the possibility of action against Giuliani and Powell. Dobbs’ show on Fox Business Network, “Lou Dobbs Tonight,” was canceled the day after Smartmatic filed its lawsuit.
The narrative presented by Fox in its response to the lawsuit differs greatly from Smartmatic’s claims. Smartmatic alleges that Fox and its hosts conspired with Giuliani and Powell to spread lies about the election in order to regain favor with Trump and his followers. Fox’s response highlights statements made by its hosts that questioned the claims made by Giuliani and Powell.
Fox also argues that Smartmatic is a public figure in this context, which would make it easier for the network to have the case dismissed. Additionally, Fox claims that Smartmatic failed to show that the company had any direct involvement or control over the statements in question. Fox News Media released a statement asserting that the lawsuit is meritless and that the company cannot be held liable for fairly reporting and commenting on competing allegations in a hotly contested election.
Smartmatic’s attorney, J. Erik Connolly, expressed confidence in the company’s case and looks forward to presenting its arguments to the court. The lawsuit against Fox is one of several defamation cases brought in response to Trump’s attempts to discredit and reverse Biden’s victory. Dominion Voting Systems, another voting machine manufacturer targeted by conspiracy theorists supporting Trump, has also filed defamation suits against Powell and Giuliani. Dominion has warned several media outlets, including Fox, that they could face litigation.
Original Story at www.cnbc.com – 2021-02-09 08:00:00