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NY judge OKs Smartmatic suit against Fox Corp. and Fox’s counterclaims

Jan 25

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Media Landscape

This story is a Media Miss by the right as only 6% of the coverage is from right leaning media.

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Left 53%

Center 41%

Right 6%

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With the 2024 presidential election heating up, the 2020 presidential election still lingers in the background as litigation plays out in courts. On Wednesday, Jan. 24, a New York judge gave the voting technology company Smartmatic the green light to proceed with its defamation lawsuit against the parent company of Fox News, Fox Corp.

We will be ready to defend this case surrounding extremely newsworthy events when it goes to trial, likely in 2025.

Fox Spokesperson

The lawsuit alleges that Fox Corp. purposely and knowingly peddled false information that the 2020 election was stolen from former President Donald Trump to boost ratings. New York Supreme Court Judge David Cohen rejected Fox News’ parent company’s request to throw out Smartmatic’s lawsuit.

Ruling against Fox Corp., Judge Cohen said Smartmatic “sufficiently alleged that (Fox) Corp. employees acted with malice by purposely and deliberating publishing knowingly false stories about plaintiffs in order to benefit (Fox) Corp.’s financial interest.”

Smartmatic filed its lawsuit in 2021 seeking more than $2 billion in damages from Fox Corp. Fox Corp. maintained that it had not defamed anyone and added that the lawsuit was an attack on the First Amendment.

After the ruling, a Fox spokesperson called the damage claims “disconnected from reality” and added that the Fox Corp. will not back down.

“We will be ready to defend this case surrounding extremely newsworthy events when it goes to trial, likely in 2025,” the spokesperson said.

According to the Straight Arrow News Media Miss™ tool, this story is a Media Miss for the right. The Media Landscape indicates that while left-leaning and center-oriented outlets are covering this story, fewer right-leaning outlets are reporting on the topic.

Meanwhile, in a separate ruling on Wednesday, Jan. 24, Judge Cohen gave Fox News the go-ahead to pursue counterclaims accusing Smartmatic of using its $2.7 billion defamation lawsuit against Fox News’ parent company to impede the network’s First Amendment rights to free speech.

“…defendants’ argument here is that plaintiffs’ alleged damages are so extenuated from their actual lost profits that they were pleaded and/or sought in order to chill defendants’ free speech rights,” Judge Cohen wrote in part.

Cohen ruled that Fox News’ accusations have not yet been adjudicated in court and may proceed, going against Smartmatic’s argument that the claims were already shut down in a similar lawsuit with Dominion Voting Systems. That lawsuit settled for more than $780 million last year.

Straight Arrow News strives to provide unbiased, fact-based news in addition to offering a comprehensive look at how the media is covering stories that matter most. Learn more about the Media Miss™ tool and decide for yourself.

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[LAUREN TAYLOR]

WITH THE 20-24 PRESIDENTIAL ELECTION HEATING UP, 20-20’S PRESIDENTIAL ELECTION STILL LOOMS IN THE BACKGROUND AS LITIGATION PLAYS OUT IN COURTS.

ON WEDNESDAY, A NEW YORK JUDGE GAVE THE VOTING TECHNOLOGY COMPANY – SMARTMATIC – THE GREEN LIGHT TO PROCEED WITH ITS DEFAMATION LAWSUIT AGAINST FOX NEWS’ PARENT COMPANY, FOX CORPORATION.

THE LAWSUIT ALLEGES THAT FOX CORPORATION PURPOSELY AND KNOWINGLY PEDDLED FALSE INFORMATION TO BOOST RATINGS.

THEY SAY THE NETWORK AIRED CLAIMS THE 20-20 ELECTION WAS STOLEN FROM FORMER PRESIDENT DONALD TRUMP 

NEW YORK SUPREME COURT JUDGE DAVID COHEN REJECTED FOX NEWS’ PARENT COMPANY’S REQUEST TO THROW OUT SMARTMATIC’S CLAIMS.

RULING AGAINST FOX CORPORATION, JUDGE COHEN SAYS SMARTMATIC:

“SUFFICIENTLY ALLEGED THAT (FOX) CORP. EMPLOYEES ACTED WITH MALICE BY PURPOSELY AND DELIBERATING PUBLISHING KNOWINGLY FALSE STORIES ABOUT (SMARTMATIC) IN ORDER TO BENEFIT (FOX) CORP.’S FINANCIAL INTEREST.”

SMARTMATIC FILED ITS LAWSUIT IN 20-21 SEEKING MORE THAN 2 BILLION DOLLARS IN DAMAGES.

FOX CORPORATION MAINTAINS IT HAS NOT DEFAMED ANYONE ADDING THE LAWSUIT IS AN ATTACK ON THE FIRST AMENDMENT.

AFTER THE RULING A FOX SPOKESPERSON CALLING THE DAMAGE CLAIMS “DISCONNECTED FROM REALITY” ADDED FOX CORPORATION WILL NOT BACK DOWN.

[Fox Spokesperson]

“WE WILL BE READY TO DEFEND THIS CASE SURROUNDING EXTREMELY NEWSWORTHY EVENTS WHEN IT GOES TO TRIAL, LIKELY IN 2025.”

[LAUREN TAYLOR]

THIS STORY IS CONSIDERED A media miss FOR RIGHT-LEANING MEDIA OUTLETS.

USING  THE STRAIGHT ARROW NEWS MEDIA MISS TOOL – YOU CAN SEE THE MAJORITY OF OUTLETS  COVERING IT ARE LEFT-LEANING.

OUR REAL-TIME MEDIA MISS TOOL SPOTLIGHTS WHICH STORIES RIGHT-LEANING AND LEFT-LEANING OUTLETS AREN’T COVERING SO YOU GET A COMPLETE PICTURE OF THE NEWS. THIS IS HOW THE NEWS SHOULD BE, FAIR, FACTUAL AND UNBIASED.

MEANWHILE, IN A SEPARATE RULING ON WEDNESDAY, JUDGE COHEN GAVE  THE GO AHEAD FOR FOX NEWS* TO PURSUE COUNTERCLAIMS ACCUSING SMARTMATIC OF USING IT’S 2.7 BILLION DOLLAR DEFAMATION LAWSUIT AGAINST ITS PARENT COMPANY TO IMPEDE ON THE NETWORK’S FIRST AMENDMENT RIGHTS TO FREE SPEECH.

COHEN’S RULING READING IN PART:

“DEFENDANTS’ ARGUMENT HERE IS THAT PLAINTIFFS’ ALLEGED DAMAGES ARE SO EXTENUATED FROM THEIR ACTUAL LOST PROFITS THAT THEY WERE PLEADED AND/OR SOUGHT IN ORDER TO CHILL DEFENDANTS’ FREE SPEECH RIGHTS.”

COHEN RULING THAT FOX NEWS’ ACCUSATIONS HAVE NOT YET BEEN ADJUDICATED IN COURT AND MAY PROCEED, GOING AGAINST SMARTMATIC’S ARGUMENT THAT THE THE CLAIMS WERE ALREADY SHUT DOWN IN A SIMILAR LAWSUIT WITH DOMINION VOTING SYSTEMS.

A LAWSUIT THAT SETTLED FOR MORE THAN 7-HUNDRED MILLION DOLLARS LAST YEAR.