Fox News is trying to dismiss a $ 2.7 billion proceeding from Smartmatic over an election plot.
It claims that the host had no legal responsibility to confirm the falsehood from Trump’s lawyer.
The election conspiracy theory has brought entanglement of legal consequences to the right-wing media.
Fox News’s attorney again asks a New York court to dismiss Smartmatic’s defamation proceedings over conspiracy theories about the 2020 elections, and its host confirms the lawyer hired by Donald Trump. Insisted that he was not responsible for doing so.
“Smartmatic wants the court to be the first court in history to hold the media responsible for reporting allegations by the incumbent president and his lawyers,” he said. The lawyer wrote in a brief document submitted to the court on Monday, Added later: “Smartmatic does not identify cases in the history of our country where the media has been held responsible for reporting allegations made by or on behalf of the incumbent president. “
Proceedings filed in February, Demands $ 2.7 billion in damages And Fox News accuses it of launching a disinformation campaign that has irreparably damaged Smartmatic’s reputation. It also covers three hosts, Maria Bartiromo, Jeanine Pirro and Lou Dobbs, who hosted Trump’s lawyers Rudy Giuliani and Sidney Powell.
Powell and Giuliani make a complex plan to manipulate the 2020 presidential election, involving Smartmatic’s secret conspiracy theory with rival election technology company Dominion Voting Systems, which now involves the deceased President of Venezuela, Hugo Chavez. Was there.
Dozens of proceedings, Audits, investigations, and recounts found no evidence of widespread fraud in the 2020 elections.
False claims lead to nasty fallout.. Trump fired Powell in late November, and Giuliani moved away from her despite continuing conspiracy theories. Dominion sued Powell, Giuliani, Fox News, and other right-wing media figures It pushed those theories forward. And Fox News canceled the Lou Dobbs show Immediately after Smartmatic filed a proceeding.
Fox news First, I asked the judge to dismiss the proceedings a few days after the proceedings were filed... On Monday, a lawyer on the Kirkland & Ellis LLP network asked the judge to dismiss claims against individual hosts as well. Lawyers argue that defamation legal standards do not require hosts to investigate whether Powell and Giuliani’s allegations are in fact true.
“Smartmatic only identifies publicly available information that Fox hosts should investigate, but such” investigation failure “claims do not reach the level of actual malicious intent.” Said the lawyer, citing other proceedings.
In a previous submission, Smartmatic was defamatory in itself that Fox News hosts failed to oppose false allegations from Powell and Giuliani, and media organizations said. Should not receive the legal protection normally given to journalists..
The new filing from Fox News spent dozens of pages going through individual claims from Bartiromo, Pirro, and Dobbs, and their comments were protected by a summary of what Trump’s lawyer said, First Amendment. Opinions, or Smartmatic, and therefore did not have to defend in proceedings.
As an example, Fox News lawyer quotes a tweet from Dobbs’s Smartmatic proceedings. “Read all about Dominion and Smartmatic voting companies. It’s easy to see how prevalent this Democratic election is and why there are no 2020 presidential elections in the world. Elections are free or fair. It was. “
They wrote that the statement was just an opinion and that the statement on Twitter should not be taken seriously.
“A New York court has admitted that Twitter is not a natural setting to conclude that a reasonable viewer is listening to the actual facts about the plaintiff,” the lawyer claims.
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