Defamation Trial Against Newsmax Moves Forward: Smartmatic Case Set to Begin

A high-stakes defamation trial involving Newsmax is set to proceed, as a Delaware court ruled on Thursday that the voting technology company Smartmatic’s lawsuit against the right-wing network must go to trial. The case, which accuses Newsmax of spreading false claims about Smartmatic’s role in rigging the 2020 election against Donald Trump, is scheduled to begin on September 30, according to CNN.

Background of the Lawsuit

Smartmatic launched its defamation case in response to Newsmax’s coverage of post-2020 election conspiracies. The voting technology company alleges that Newsmax knowingly aired unsubstantiated claims that its machines had helped manipulate the election results. This lawsuit follows a series of legal actions by voting technology companies targeting media outlets that aired similar conspiracy theories.

Newsmax had attempted to dismiss the lawsuit by arguing that its actions were protected under the First Amendment, claiming they were reporting on matters of public concern without endorsing the allegations. However, Delaware Superior Court Judge Eric Davis ruled that key questions about Newsmax’s actions should be presented to a jury. Specifically, the court will evaluate whether the network “recklessly disregarded the truth” when airing the false claims. According to Davis, “the jury must determine if Newsmax was doing what media organizations typically do — inform the public of newsworthy events — or if it purposely avoided the truth and defamed Smartmatic.”

Legal Implications and Arguments

While Newsmax is set to face trial, the court preserved one of the network’s key defenses. Judge Davis ruled that a jury could potentially find that Newsmax was simply reporting on a matter of public interest, rather than endorsing Trump’s election fraud claims. However, the ruling leaves open the possibility that the jury may also determine Newsmax’s reporting was not impartial and contributed to spreading a false narrative.

Smartmatic’s legal team is seeking to hold Newsmax accountable for what they describe as reckless and damaging coverage. Attorney Erik Connolly, representing Smartmatic, 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’s Defense and Broader Concerns

In its defense, Newsmax maintains that it did not act with malicious intent. The network emphasized that its coverage was part of the broader media environment during a contentious election. In a statement, a Newsmax spokesperson said, “While Newsmax is disappointed that any part of Smartmatic’s lawsuit is going to trial, as we believe it is a threat to a free press, we are pleased that the Court found no evidence that Newsmax acted with evil intent toward Smartmatic.”

Additionally, the court allowed Newsmax to present evidence regarding Smartmatic’s connections to Venezuela, a point of contention raised by Trump’s allies during the 2020 election. These claims, though discredited, form part of Newsmax’s defense strategy at trial.

Broader Implications for the Media

The upcoming trial has significant implications for media organizations that navigated the fraught landscape of post-election coverage. As part of its ruling, Judge Davis reiterated that there was no factual basis for claims that the 2020 election was rigged or that Smartmatic’s machines were involved in manipulating votes. Notably, Smartmatic’s technology was only used in Los Angeles County during the 2020 election, and no allegations of fraud in that jurisdiction were ever raised.

This trial will not only examine the specifics of Newsmax’s coverage but may also influence how media outlets approach similar politically sensitive topics moving forward. With the 2024 election already underway, the case could serve as a cautionary tale about the responsibilities of the press in reporting on election-related controversies.