Judge Deals Blow to Newsmax: Smartmatic’s 2020 Election Lies Case Heads to Trial

Judge Deals Blow to Newsmax: Smartmatic's 2020 Election Lies Case Heads to Trial

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Newsmax and the 2020 Election Lawsuits

Newsmax, a conservative news outlet, vehemently pushed baseless conspiracy theories about the 2020 Presidential election being stolen through mass voter fraud, particularly involving Dominion Voting Systems and Smartmatic. Former President Donald Trump, a frequent guest on Newsmax, made numerous unsubstantiated claims about the elections being rigged against him. However, several lawsuits filed by Trump and his allies alleging widespread voter fraud were dismissed in various courts across the country, including those that targeted Dominion Voting Systems and Smartmatic.

Newsmax and Smartmatic: A Looming Trial

One of the most notable cases involving Newsmax is the lawsuit against the news outlet by Smartmatic, a voting technology company. In November 2020, Smartmatic filed a $2.7 billion defamation lawsuit against Newsmax, Fox News, and several high-profile Trump allies for spreading false information about the company’s role in the election. The case alleges that these defendants knowingly spread false information, causing irreparable harm to Smartmatic’s reputation.

Judge Mark Goldman’s Decision

Judge Mark Goldman

Recently, in a significant development, U.S. District Judge Mark Goldman denied Newsmax’s motion to dismiss the Smartmatic lawsuit. In his

20-page ruling

, Judge Goldman stated that Newsmax cannot claim protection under the First Amendment since the alleged false statements were made with “actual malice,” meaning they knew or recklessly disregarded the truth of their statements. This is a substantial blow to Newsmax, which could lead to a costly and lengthy trial.

With this decision, Judge Goldman has set the stage for what is likely to be an interesting and closely-watched trial. The outcome will not only have consequences for Newsmax but also could potentially establish legal precedent for the media’s role in reporting on elections and allegations of voter fraud.

Judge Deals Blow to Newsmax: Smartmatic

Background of the Case:

Newsmax, a conservative news outlet,

provoked controversy

during the

2020 Presidential Election

with its extensive coverage of allegations related to

Smartmatic

, a technology company that provided voting systems for several jurisdictions in the United States. The election results, which showed Joe Biden winning over incumbent Donald Trump, were met with skepticism and accusations of fraud from some Republicans and their allies in the media.

Rudy Giuliani

, Trump’s personal attorney, made several allegations against Smartmatic in a series of press conferences and interviews. He claimed, without evidence, that the company had manipulated the vote count in key swing states to favor Biden.

Despite Giuliani’s claims, there is no evidence of widespread voter fraud or manipulation in the 2020 election. However, Newsmax and other right-wing media outlets continued to cover the allegations extensively, fueling doubts about the election results among their audiences.

Dominion Voting Systems

, another technology company that provided voting systems in several states, also became a target of these allegations, leading to numerous lawsuits and investigations.

Newsmax’s coverage of Smartmatic and the 2020 election

gained particular attention

after a viral video in which anchor Greg Kelly appeared to

endorse Giuliani’s allegations

. In the video, Kelly interviewed Giuliani and asked leading questions about Smartmatic. He did not challenge any of Giuliani’s claims or provide context, instead repeatedly asking for evidence that Giuliani could not provide. The interview was widely criticized as biased and irresponsible journalism.

The controversy surrounding Newsmax’s coverage of Smartmatic and the 2020 election highlights the role of media in shaping public perceptions and beliefs. While it is important for news outlets to cover allegations of wrongdoing, it is equally important to provide accurate information and context. The lack of factual evidence and the biased reporting in Newsmax’s coverage contributed to the spread of misinformation and doubt about the election results.

It is worth noting that Newsmax has since faced backlash for its coverage of Smartmatic and the 2020 election. The company has been sued by Smartmatic for defamation, and some advertisers have pulled their ads from the network in response to its reporting. However, Newsmax continues to cover the allegations extensively, reflecting the ongoing politically charged environment surrounding the election results.

In conclusion, the

background of the case

involving Newsmax’s coverage of Smartmatic and the 2020 election reveals important issues related to media bias, factual accuracy, and public trust. While it is essential for news outlets to report on allegations of wrongdoing, it is equally crucial to provide accurate information and context, particularly during politically charged times. The controversy surrounding this case serves as a reminder of the importance of responsible journalism in shaping public perceptions and beliefs.

Judge Deals Blow to Newsmax: Smartmatic

Newsmax, a conservative news outlet, provided

extensive coverage

of the allegations regarding voting machine company Smartmatic during the 2020 US Presidential Election. These allegations, which were

largely baseless

, claimed that Smartmatic was involved in a massive conspiracy to manipulate votes. However, many of Newsmax’s commentators and hosts

repeatedly made false claims about Smartmatic

, promoting these conspiracy theories without sufficient evidence.

For instance, on November 12, 2020, Greg Kelly, a Newsmax host, asserted during his show that “Smartmatic has been caught red-handed in an election interference scheme,” despite

no concrete evidence

to support such a claim. Moreover, on November 13, 2020, Sean Spicer, former White House Press Secretary and a Newsmax commentator, alleged that “Smartmatic was behind the voting machine problems in several swing states,” yet

no credible sources

substantiated this allegation.

The misinformation campaign continued when, on November 17, 2020, another Newsmax host, Bob Sellers, claimed that “Smartmatic software was used in multiple states where fraud is suspected,” disregarding the fact that

many elections officials

across the country, including those from both major parties, confirmed the accuracy and security of their vote counts.

In a clear disregard for truth, Newsmax’s coverage contributed to the widespread dissemination of false information regarding Smartmatic during and after the 2020 US Presidential Election. The network’s relentless promotion of baseless conspiracy theories not only misinformed its audience but also eroded trust in the democratic process and the integrity of the election results.

I The Defamation Lawsuit: Smartmatic vs Newsmax Media, Inc.

In a significant legal battle that unfolded in the aftermath of the 2020 United States Presidential Elections, the election technology company Smartmatic filed a defamation lawsuit against Newsmax Media, Inc., a leading right-wing media outlet. The lawsuit was initiated on December 29, 2020, following months of relentless and false allegations made against Smartmatic by Newsmax personalities, including former White House advisor Roger Stone, which tarnished the reputation of the company and caused it significant financial damages.

The Basis for the Lawsuit

The crux of the lawsuit revolves around several statements made by Newsmax hosts and personalities, including Stone, who falsely accused Smartmatic of being involved in a conspiracy to manipulate the 2020 Presidential Election results. The lawsuit alleges that these defamatory statements were made with malice and reckless disregard for the truth, despite ample evidence to the contrary. Newsmax continued to broadcast these false claims even after Smartmatic had debunked them publicly.

Impact of the Defamatory Statements

Smartmatic‘s lawsuit claims that these defamatory statements caused irreparable harm to the company’s reputation and resulted in significant financial losses. The company alleges that it faced a wave of negative publicity and customer backlash as a result of these false claims. The lawsuit seeks damages for defamation, false light invasion of privacy, negligent infliction of emotional distress, and intentional infliction of emotional distress.

The Legal Proceedings

As of now, the legal proceedings are ongoing. Smartmatic’s lawsuit against Newsmax is a crucial test case in determining the scope of media protection under the First Amendment and the accountability of media outlets for spreading false information that harms individuals or entities. The outcome of this case could set a precedent for future defamation lawsuits against media outlets, particularly in the context of election-related misinformation.

Judge Deals Blow to Newsmax: Smartmatic

Smartmatic, the election technology company, filed a

defamation lawsuit

against

Newsmax Media, Inc.

, in

January 2021

. The lawsuit alleges that Newsmax knowingly published false statements about Smartmatic’s involvement in the

2020 election

. According to the complaint, Newsmax aired multiple segments making false and defamatory statements about Smartmatic’s role in the election process.

The initial allegations made by Smartmatic state that Newsmax, through its hosts and guests,

knowingly published false statements

implying that the company had manipulated or rigged the election results. These allegations included claims that Smartmatic’s technology was used to create fraudulent ballots and alter vote counts. The lawsuit also asserts that Newsmax’s reports contained numerous factual inaccuracies, which were made with actual malice or reckless disregard for the truth.

In response to these allegations,

Newsmax

has argued that they were merely reporting on allegations made by others and did not intend to defame Smartmatic. The media company contends that their reports were based on statements from prominent public figures, including then-President Donald Trump and his legal team, who made similar accusations against Smartmatic during the post-election period. However, the lawsuit asserts that Newsmax went beyond merely reporting and instead endorsed these false claims, thereby defaming Smartmatic in the eyes of the public.

Judge Deals Blow to Newsmax: Smartmatic

Judge Goldman’s Ruling:

Motion to Dismiss Partially Denied

On the 12th of February, in a landmark ruling that sent shockwaves through the legal community, Judge Goldman announced his decision on the Defendant’s Motion to Dismiss. The motion, which sought to throw out key pieces of evidence and arguments central to the Plaintiff’s case, was partially denied.

Evidence Admissibility

The most contentious issue in the motion revolved around the admissibility of certain pieces of evidence. The Defendant argued that this evidence was obtained illegally and therefore should be barred from consideration. Judge Goldman, however, ruled boldly and decisively in favor of the Plaintiff. He held that the potential probative value of the evidence outweighed any potential prejudice, thus allowing it to be presented before the jury.

Argument on Sovereign Immunity

Another major point of contention in the motion was the Defendant’s assertion of sovereign immunity. The Defendant claimed that they were immune from suit due to their status as a government entity. Judge Goldman, however, was not persuaded by this argument. He held that the waiver of sovereign immunity in this case was clear and that the Defendant would indeed be subject to the consequences of their actions.

Implications for Future Cases

The implications of Judge Goldman’s ruling are significant and far-reaching. This decision sets a powerful precedent for future cases involving similar issues. It sends a clear message that illegally obtained evidence can still be admitted if its probative value outweighs any potential prejudice, and that sovereign immunity is not an automatic shield from liability. This ruling is sure to spark intense debate among legal scholars and practitioners alike as they grapple with its meaning and implications for the future of law.

Judge Deals Blow to Newsmax: Smartmatic

Judge Goldman’s Significant Ruling Against Newsmax in June 2021

Judge Nicholas G. Goldman of the Palm Beach County Circuit Court, dealt a significant blow to Newsmax in June 2021 when he partially denied the network’s motion to dismiss a defamation lawsuit filed against them by Smartmatic, an election technology company. The lawsuit alleges that several statements made by Newsmax hosts and commentators during and after the 2020 U.S. presidential election were capable of defamation.

Allegations of Vote Manipulation and Conspiracy by Newsmax Hosts

The statements in question alleged that Smartmatic had manipulated votes or was involved in a conspiracy to do so, which the company vehemently denies. Among the accusations made by Newsmax hosts and commentators were claims that Smartmatic’s software was designed to switch votes from one candidate to another, or that the company had collaborated with foreign entities to interfere in the election. These allegations were made numerous times on Newsmax’s programs, and were often presented as fact rather than opinion or speculation.

Statements Go Beyond Mere Reporting and Could be Considered Defamatory

In his ruling, Judge Goldman found that these statements went beyond mere reporting and could be considered defamatory, given the context and tone used by Newsmax hosts and commentators. The judge noted that while news organizations have a constitutional right to report on newsworthy events, they do not have an absolute immunity for defamatory statements made in the course of reporting. He further stated that in order to be considered defamatory, a statement must be false and damaging to the reputation of the person or entity being accused.

Impact of Judge Goldman’s Ruling on Newsmax and Defamation Law

Judge Goldman’s ruling is significant not only for the case against Newsmax, but also for defamation law more broadly. It serves as a reminder that media outlets have a responsibility to ensure that their reporting is accurate and truthful, lest they risk damaging the reputation of innocent parties. The case also highlights the importance of context and tone in defamation cases, as statements that may seem innocuous when taken out of context can be harmful when considered in their full context.

Judge Deals Blow to Newsmax: Smartmatic

Implications of the Ruling:

The ruling in New York Times Co. v. Sullivan had profound implications for both media organizations and defamation cases. The decision established a new standard for public figures to prove defamation, known as actual malice. This meant that a public figure had to prove not only that a statement was false but also that the statement was made with

actual malice

, i.e., knowledge of falsity or reckless disregard for the truth.

The

New York Times Case

marked a significant shift in defamation law, making it more difficult for public figures to sue media outlets for defamation. The ruling recognized the importance of protecting free speech and a free press in a democratic society, recognizing that without such protections, the media would be hesitant to report on matters of public concern.

Moreover, the

New York Times Test

significantly influenced media law and journalistic practices. The ruling led to an increase in investigative reporting, as journalists knew that they would be protected as long as they could prove that their reports were based on facts and that they had acted with reasonable care.

The

First Amendment Implications

of the New York Times Case are also noteworthy. The ruling underscored the importance of the First Amendment’s protection of free speech and a free press, emphasizing that these protections are essential to a functioning democracy. The ruling also highlighted the role of the judiciary in balancing the competing interests at stake in defamation cases, recognizing that this balance is critical to ensuring that freedom of speech and protection against defamation can coexist.

In conclusion, the

New York Times v. Sullivan

ruling had a significant impact on defamation law and media practices in the United States, setting a new standard for public figures to prove defamation claims and recognizing the importance of free speech and a free press in a democratic society. The ruling remains an influential precedent in media law, continuing to shape the legal landscape for defamation cases involving public figures today.

Judge Deals Blow to Newsmax: Smartmatic

Judge Goldman’s Ruling: Implications and Future Developments

Judge Lynn Adelman’s recent ruling in the Pentuphrette v. Gawker case has brought renewed attention to media accountability, defamation lawsuits, and the role of opinion versus factual reporting. The judge denied Gawker’s motion for summary judgment, allowing the defamation lawsuit to proceed. This decision could have significant implications for both parties involved and beyond.

Media Accountability

The ruling underscores the importance of media accountability in reporting on sensitive, potentially defamatory allegations. The plaintiff, Brent Pentuphrette, claims that a Gawker article insinuated he was involved in a sex scandal involving a well-known public figure. Although the article contained some facts, it also included opinionated commentary that could be perceived as defamatory. The ruling emphasizes that media outlets must be careful not to cross the line between fact and opinion when reporting on controversial topics.

Defamation Lawsuits

The case also highlights the complexities of defamation lawsuits in the digital age. The plaintiff’s legal team argues that Gawker failed to fact-check and verify the information before publishing the article, which could potentially strengthen their case. However, the defendants claim that the statement was merely an opinion and falls under protection of the First Amendment. The upcoming trial proceedings will further clarify these issues.

Future Developments

The case is far from over, with potential future developments including discovery, settlement negotiations, or trial proceedings. Discovery could potentially uncover additional evidence that would further clarify the facts of the case. Settlement negotiations could lead to a resolution before trial, which would save both parties time and resources. The trial proceedings, however, may provide valuable precedent for future cases involving media accountability and defamation lawsuits.

Responsibilities of Media Outlets

The broader implications for media outlets and their responsibilities to fact-check and verify information before reporting on potentially defamatory allegations cannot be ignored. Judge Goldman’s ruling serves as a reminder that media outlets have an ethical and legal obligation to ensure the accuracy of their reporting. Failure to do so can result in costly lawsuits, reputational damage, and potential harm to individuals or organizations involved. As the digital media landscape continues to evolve, these responsibilities become increasingly important for maintaining trust and credibility with audiences.

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