In a significant development, the defamation lawsuit brought against Newsmax by Smartmatic, a voting technology company, is set to proceed to trial later this month. Delaware Superior Court Judge Eric Davis ruled on Thursday, rejecting the right-wing network’s attempts to dismiss the case without a trial. This ruling marks a major defeat for Newsmax, potentially reopening discussions about the 2020 election at a crucial moment in the lead-up to the 2024 presidential election.
Judge Davis emphasized that key questions about Newsmax’s coverage of the 2020 election will now be scrutinized by a jury. The trial is scheduled to begin on September 30, unless both parties reach an out-of-court settlement. The case revolves around allegations that Newsmax perpetuated false claims that Smartmatic’s voting machines were involved in election fraud, which ultimately undermined confidence in the electoral process.
Key Legal Arguments and Implications The ruling came after a contentious hearing where Smartmatic’s lawyers argued that Newsmax knowingly pushed false narratives about the 2020 election to its viewers. Smartmatic’s legal team contends that Newsmax’s executives and on-air personalities were well aware of the baseless nature of the claims yet continued to air them. This case, therefore, raises critical questions about the responsibility of news outlets in reporting on politically charged events, and whether freedom of the press should protect the spread of misinformation.
Smartmatic lawyer Erik Connolly stated, “Newsmax’s own people knew they had no proof that Smartmatic was involved in any type of fraud involving the 2020 election, and yet they continued to peddle that false narrative. Newsmax must be held accountable.”
Newsmax’s defense hinges on the argument that its coverage was protected by the First Amendment, as it was reporting on newsworthy attempts to challenge the election results. The network argues that it did not endorse any particular claim but merely reported on efforts by Trump and his allies to question the legitimacy of the election.
What’s at Stake for Newsmax Although Judge Davis allowed Newsmax to present a defense based on the claim of neutral reporting, the network still faces significant legal challenges. If Newsmax does not settle the case, its executives and on-air figures could be forced to publicly testify about their contacts with Trump during the post-election period. This testimony could shed light on the network’s internal decision-making processes and whether it prioritized sensationalist coverage over journalistic integrity.
While Newsmax has denied defaming Smartmatic, it did issue a clarification in December 2020, distancing itself from guests who alleged that voting technology companies like Smartmatic and Dominion Voting Systems manipulated votes. Nonetheless, the case may still damage Newsmax’s reputation and raise questions about its journalistic standards.
The Potential Fallout Legal experts have noted that defamation cases of this nature often conclude with settlements, but if this trial moves forward, it could have far-reaching implications for the broader media landscape. A jury will ultimately decide whether Newsmax acted recklessly in disregarding the truth, and whether it should be held liable for spreading false claims that had a significant impact on public trust in the election process.
The trial also underscores a broader issue of how media organizations balance the public’s right to be informed about newsworthy events with their responsibility to ensure that their reporting is accurate and fair. As the 2024 election season heats up, the outcome of this trial could set a powerful precedent for the role of media in a deeply polarized political climate.
