In a ruling with potentially far-reaching consequences, Delaware Superior Court Judge Eric Davis has cleared the way for Smartmatic’s defamation lawsuit against Newsmax to go to trial later this month, signaling a critical moment in the ongoing legal battle over the right-wing network’s role in amplifying false election fraud claims after the 2020 presidential race.
The judge’s decision to deny Newsmax’s motion to dismiss the case without a trial deals a significant blow to the network, which has been fighting a series of defamation suits from voting technology companies that were targeted in conspiracy theories. The trial is set to begin on September 30, unless the parties reach a settlement before then. With this ruling, questions about whether Newsmax recklessly promoted baseless claims about Smartmatic’s involvement in election fraud will now be put before a jury.
Key Legal Questions: Recklessness or Legitimate Reporting? The central issue in the lawsuit is whether Newsmax, in its coverage of the 2020 election, acted with reckless disregard for the truth. Smartmatic alleges that Newsmax knowingly aired false claims about its voting machines, suggesting they were involved in a fraudulent scheme to flip votes in favor of Joe Biden. These claims, Smartmatic argues, were not only false but severely damaging to the company’s business and reputation, leading to loss of contracts and widespread public distrust in its technology.
Judge Davis’s ruling emphasized that this case presents critical legal questions about the boundaries of free speech and defamation law. He highlighted the distinction between reporting on newsworthy events and knowingly perpetuating false information, noting that a jury must ultimately decide whether Newsmax crossed that line.
Smartmatic’s lawyer, Erik Connolly, expressed confidence that the trial will hold Newsmax accountable for what he described as “malicious” actions. “Newsmax profited from spreading these lies, and they cannot hide behind the First Amendment to escape the consequences,” Connolly said. “The damage they caused to Smartmatic and to public confidence in our elections is immeasurable.”
Newsmax’s Response: Defending Free Press and Neutral Reporting Newsmax has maintained that its reporting on the 2020 election was protected by the First Amendment, as the network covered legal challenges and disputes surrounding the election results. The network argues that it was not endorsing any specific claims of fraud but was simply reporting on ongoing litigation and public debate over the integrity of the election process.
In his ruling, Judge Davis acknowledged this argument, allowing Newsmax to present its defense that it was neutrally reporting on Trump’s election fraud claims without endorsing them. This defense will likely play a central role in Newsmax’s case at trial, as it seeks to demonstrate that its coverage was fair, balanced, and in line with journalistic standards.
However, Smartmatic’s legal team contends that Newsmax went far beyond neutral reporting, accusing the network of actively amplifying false claims to appeal to its predominantly pro-Trump audience. The lawsuit claims that Newsmax aired these falsehoods to drive ratings, even as its own internal fact-checking team knew the claims were untrue.
What’s at Stake for Newsmax? The stakes for Newsmax are enormous. If found liable for defamation, the network could face substantial financial penalties, as well as significant reputational damage. Moreover, the trial may force key Newsmax figures, including executives and on-air personalities, to testify under oath about their communications with Trump allies and their decision-making process regarding election coverage.
Such testimony could provide a rare glimpse into how the network handled its editorial policies during one of the most tumultuous periods in recent American history, potentially exposing tensions between journalistic integrity and the pursuit of higher viewership. If Smartmatic prevails, it could also encourage other voting technology companies to pursue similar legal actions, further escalating the legal pressure on right-wing media outlets that amplified election fraud claims.
In December 2020, Newsmax aired a clarification stating that it had not uncovered any evidence of election fraud involving Smartmatic or Dominion Voting Systems. Despite this, Smartmatic’s lawsuit argues that the network’s initial reporting did irreversible damage, contributing to the widespread belief in baseless conspiracy theories.
Broader Impact on Media and Democracy The trial against Newsmax has profound implications not only for the network but for the broader media landscape. The case raises important questions about the balance between press freedom and accountability in an era of misinformation. As the 2024 presidential election approaches, the outcome of this trial could reshape how news organizations handle politically sensitive topics, particularly when reporting on election disputes.
Legal analysts have pointed out that this case could set a precedent for future defamation lawsuits against media outlets that report on contested political issues. A verdict against Newsmax could signal a shift toward greater legal scrutiny of how news organizations report on unverified claims, particularly when those claims have the potential to incite public distrust in democratic institutions.
With public trust in media at an all-time low, this trial serves as a reminder of the crucial role that accurate, responsible journalism plays in maintaining the integrity of the democratic process. The stakes are not just for Newsmax or Smartmatic, but for the future of media accountability in a polarized political climate.
