Appeals Court Declines To Dismiss Smartmatic Lawsuit Against Fox News
14.02.2023 - 23:59
/ deadline.com
A New York appellate court declined to toss out Smartmatic’s defamation lawsuit against Fox News and personalities including Lou Dobbs and Maria Bartiromo.
The appeals court ruling — read it here — stems from Smartmatic’s $2.7 billion lawsuit against the network, contending that its personalties and guests amplified Donald Trump and his team’s unfounded claims that the election systems company rigged the 2020 presidential election.
The ruling was not on whether the network was liable for defamation, but that Smartmatic had adequately presented its claims to proceed to the next stage of litigation.
A Fox News spokesperson did not immediately comment. The network has argued that it is protected by the First Amendment, as it was spotlighting a matter undoubtedly in the public interest, as a U.S. president, Donald Trump, was challenging the results of the election.
The appellate judges wrote that Smartmatic’s claims “allege that defendants Fox News, Dobbs, andBartiromo did not merely report the newsworthy fact that the President’s campaign lawyers were recklessly making statements conveying false information. Rather, the complaint alleges in detailed fashion that in their coverage and commentary, Fox News, Dobbs, and Bartiromo effectively endorsed and participated in the statements with reckless disregard for, or serious doubts about, whether the assertions or implications that plaintiffs had participated in election fraud had any basis in truth or were supported by any reliable evidence.”
The judges also ordered that the claims against another Fox News personality, Jeanine Pirro, be reinstated, along with some of their claims against Rudy Giuliani, Trump’s attorney who had been a guest on the network in the aftermath of