Fox News has filed a motion to dismiss a $ 2.7 billion defamation case launched by electronic voting firm Smartmatic.
Smartmatic filed the lawsuit last week, saying the network slandered them by broadcasting unfounded conspiracy theories about its role in the 2020 presidential election.
The lawsuit cited Fox News presenters Jeanine Pirro and Maria BartiromoMaria Sara BartiromoHillicon Valley: Biden: US Takes Urgent Steps to Improve Cyber Security | Democrat warns technology companies to step up or risk Section 230 change A California court has refused to challenge the state’s new rules for gigantic workers. The technical company voted. Fox, Giuliani and Powell Goya’s board of directors received 7 billion billion lawsuits after CEO distrust after election fraud claims: reports MORE and was a host Lou DobbsLouis (Lou) Carl DobbsTrump praises Dobbs, saying he will continue to follow him after canceling the show. Lou Dobbs Retweets Supporters and Blows Decision to Cancel Show Fox News Media Cancels Lou Dobbs’ Show MOREwho was dismissed by the network the day after the action was brought. Smartmatic also sued each of the three hosts individually.
The lawsuit cites segments echoing false allegations, including the suggestion that late Venezuelan President Hugo Chávez is linked to an unfounded allegation of widespread voter fraud.
In addition to conspiracy theories, the lawsuit also cites more common false claims, such as the claim that the company’s services were used in several battlefield states when in fact they were only used in Los Angeles County.
In Fox News’s motion for dismissal before the New York Supreme Court, the network argued that the lawsuit should be dismissed on the basis of the First Amendment, stating that Smartmatic’s lawsuit “does not allege that Fox actually disclosed the contested statements in malice. ”.
The network further argued that the allegations were noteworthy since thenPresident TrumpDonald TrumpDOJ is demanding the resignation of most U.S. lawyers appointed by Trump: Trump’s lawyer is withdrawing his request not to hold a prosecution lawsuit on Saturday. Kinzinger on Saturday called on GOP senators to convict Trump in prosecution proceedings and his lawyer Rudy GiulianiRudy GiulianiDocument on four-season full landscaping roller coaster “nearing completion” Dominion spokesman: Mike Lindell, CEO of MyPillow, sues “Twitter suspends Gateway Pundit founder’s account permanently.
“In this context, the hearing of the President’s lawyers is fully protected from the work of the First Amendment, regardless of whether or not these lawyers can substantiate their needs,” the motion states. “Here, Fox provided exactly such newsworthy information — usually allowing the vice presidents to explain their allegations and evidence themselves.”
In a statement, Fox News Media said it acted to dismiss the lawsuit because it was “unworthy.”
“If the First Amendment means anything, it means that Fox cannot be held responsible for fairly reporting and commenting on rival allegations in a fiercely disputed and actively litigating election. We are proud of election reporting in line with the highest traditions of American journalism.” according to the Communication.
The motion also alleges that Smartmatic is equivalent to a public figure, which would mean a higher rank for defamation, which would require evidence that the defendants knew they were making false allegations. He also said he thought there were examples of fact-checking by the three hosts and expressed an opinion on their allegation.
Separately, another voting firm, Dominion, has sued advertisers of several similar false allegations, including Trump party lawyer Sidney Powell. Although the company has not yet sued Fox News, a lawyer said in January that “we did not exclude anyone”.
The hill turned to Smartmatich for comments.