The defamation case against right-wing cable channel Newsmax scheduled to go to trial in late September highlights the battle over 2020 election lies at the peak of the 2024 campaign. Newsmax and voting technology company Smartmatic could still reach an out-of-court settlement, but if the trial date holds, it will showcase the fallout from former President Donald Trump’s attempts to overturn the election as he seeks to return to the White House. This trial is the first of more than a dozen high-profile defamation cases arising from false claims that Smartmatic and Dominion Voting Systems rigged the election, fueling the January 6 insurrection.
The trial is set to take place in Delaware Superior Court with Judge Eric Davis overseeing the case, similar to his role in the historic Dominion vs. Fox News trial. Smartmatic filed the lawsuit in 2021, alleging that Newsmax intentionally promoted lies about the company’s involvement in election rigging to boost ratings over Fox. The lawsuit has been expanded to cover additional defamatory statements made by Newsmax hosts and guests. Newsmax asserts they did not embrace stolen election claims and reported on criticism of President Trump’s claims while accepting Biden’s election, but Smartmatic’s lawyers argue otherwise.
Owned by Trump ally Christopher Ruddy, Newsmax, though not as big as Fox, experienced a surge in ratings after the 2020 election with Trump supporters turning to the network for coverage questioning Biden’s victory. A courtroom defeat for Newsmax could have significant implications for the First Amendment and journalism’s coverage of Trump’s election lies. Despite not attracting as large an audience as Fox News, Newsmax’s financial well-being may be at stake if they lose the lawsuit.
Newsmax differs from Fox in that, after receiving a legal threat from Smartmatic, the network ran on-air segments and published articles stating there was no evidence that Smartmatic or Dominion manipulated votes in the 2020 election, even though contrary claims were made by guests and officials on their shows. Alongside the Newsmax case, Smartmatic is also suing Fox News, OAN, and Trump allies like Rudy Giuliani and Mike Lindell, all of whom spread the same election lies. The September trial date originally set for Newsmax and Dominion’s defamation suit was delayed, opening the door for the Smartmatic case to move forward.
As the legal battle between Newsmax and Smartmatic heats up, the implications for the media industry, the First Amendment, and the coverage of Trump’s election lies are significant. The outcome of the trial could have lasting effects on how journalists cover political events and issues, especially in regards to unfounded claims of election fraud. The involvement of prominent figures like Christopher Ruddy, Rudy Giuliani, and Mike Lindell in spreading these falsehoods adds another layer of complexity to the case, highlighting the broader impact of misinformation on public discourse and democracy. The September trial will be closely watched as a key moment in the ongoing struggle to combat disinformation and hold media outlets accountable for their reporting.
