A major defamation case against right-wing cable channel Newsmax has been scheduled for trial in late September, putting the battle over 2020 election lies at the forefront of the 2024 campaign. The lawsuit, brought by voting technology company Smartmatic, alleges that Newsmax intentionally promoted false claims that the company was involved in rigging the election to boost their ratings. The trial will be the first of more than a dozen high-profile defamation cases related to the false claims of election fraud that fueled the deadly insurrection on January 6, 2021.
Judge Eric Davis, who presided over a similar case involving Fox News and Dominion Voting Systems, is overseeing the Newsmax-Smartmatic lawsuit in Delaware Superior Court. While the trial date is set for September 24, a settlement between the two parties is still possible, and further delays could occur. Smartmatic’s lawsuit alleges that Newsmax knowingly reported false information to attract viewers, despite knowing that the claims were untrue. The case is currently in the discovery phase, with the possibility that Judge Davis may decide not to proceed to trial.
Newsmax has denied the allegations, stating that they did not embrace stolen election claims and accepted Biden’s victory while reporting on criticism of Trump’s claims. The conservative network, owned by Trump ally Christopher Ruddy, features former Fox personalities and controversial figures like Sebastian Gorka and Dick Morris. A trial could have significant implications for the First Amendment and how journalists cover election lies, with a potential financial impact on Newsmax if they lose the case.
Newsmax’s ratings surged after the 2020 election as Trump supporters turned to the network for coverage questioning the legitimacy of Biden’s victory. Unlike Fox News, Newsmax issued a statement in December 2020 clarifying that there was no evidence that Smartmatic or Dominion manipulated votes in the election, despite previous claims made by guests on their network. In addition to Newsmax, Smartmatic is also suing Fox News, OAN, and Trump allies like Rudy Giuliani and Mike Lindell for spreading election lies.
The September trial date initially set for Newsmax and Dominion was delayed, allowing the Smartmatic case to move forward. Smartmatic’s lawsuit against Newsmax alleges intentional promotion of false claims to boost ratings, while Newsmax maintains their innocence and plans to present overwhelming evidence at trial. As the first of many high-profile defamation cases related to election fraud claims, the trial has potential implications for how journalists cover election misinformation and could have a significant impact on Newsmax’s financial future.
