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Fox News asks for Smartmatic lawsuit over election-rigging claims to be dismissed

Published 02/08/2021, 11:10 PM
Updated 02/09/2021, 12:10 AM
© Reuters. 2020 U.S. presidential election in Pennsylvania

(Reuters) - Rupert Murdoch's Fox News Media said on Monday it filed a motion to dismiss electronic voting systems maker Smartmatic's lawsuit that has claimed that the media group accused it of helping rig the U.S. presidential election in favor of Joe Biden.

In a defamation suit filed last week, Smartmatic had alleged that Fox and other defendants invented a story that the election was stolen from Donald Trump and made Smartmatic "the villain in their story".

Fox said it moved to dismiss the Smartmatic lawsuit because it was "meritless" and it defended its reporting of the U.S. presidential election.

"If the First Amendment means anything, it means that Fox cannot be held liable for fairly reporting and commenting on competing allegations in a hotly contested and actively litigated election," it said in a statement.

Florida-based Smartmatic did not respond to a request for comment on the Fox motion.

In its suit, Smartmatic sought more than $2.7 billion in compensatory and punitive damages. It also asks for defendants to retract false statements.

Fox said that it cannot be held liable for covering all sides of a "vigorous debate of profound national importance".

"When a sitting president and his surrogates claim that an election was rigged, the public has a right to know what they are claiming, full stop," it said.

Smartmatic's suit named as defendants Trump's lawyer Rudolph Giuliani, his former lawyer Sidney Powell, Fox Corp and Fox hosts Lou Dobbs, Maria Bartiromo and Jeanine Pirro.

After the election, Trump and some of his supporters spread false claims of election fraud, including that Smartmatic manipulated the results.

Smartmatic in December demanded Fox News retract allegations leveled by its employees and guests, but Fox did not comply and instead aired an interview on the three hosts' programs with an outside expert who said there was no evidence to support claims made against Smartmatic.

© Reuters. 2020 U.S. presidential election in Pennsylvania

(This story corrects to clarify that claims were against Smartmatic in last paragraph.)

Latest comments

To those posters who posit that I'm not partisan (Bruce), you're entitled to your view. I disagree and have ample proof to back up my statements. You don't. Yes, I'm non partisan. My choices are based on whats best for the nation, not my personal interests or bias. My only bone of contention is that western democracies are not forward thinking enough. Politicians only care about their own hides and issues that keep them in office for the length of their terms. China is running rings around us all, because they play the long game and if Xi dies tomorrow, the next CCP puppet would carry on with the blueprint.
The steal is real. President Trump is our President. The rats will run from the ship as it sinks. The days of Biden occupying the White House are coming to a end. The democrats may lose the house and the Senate also as the election fraud is revealed. God has heard the cry of His people praying in Jesus name. The communists will be defeated. Censorship of Christians, conservatives, patriots and Trump supporters will end and God will ring the bell freedom over our land once again. Apparently even the democrats believe President Trump is the lawful President. That us why they are trying to impeach him because Biden “won” by cheating in the wee hours of the morning on election night. Suddenly the machines in swing states stopped counting votes. Republican poll watchers were sent home    And numbers suddenly skyrocketed for Biden and were switched from Trumps total. It was a mathematical impossibility for Biden to win. The final count was 79 million for Trump and 68 million for Biden.
Medication? Seriously? You may need to rethink your views on Reverend Trump. That's if of course if you believe in a God. As for the CCP and Communists, well I certainly hope you're right, not only for the world but for China. There are only 91 million members of the communist party. The rest of China (1.5 Billion +) does not subscribe to the style of governance.
It cant go ahead without any evidence, so stop dreaming nonsense. The justice system is compelled to go ahead if there is evidence and breach of the law. Discovery is never going to happen because they have already looked at this time and time again. When given the opportunity no evidence is ever presented. They've had access, as have the courts and electoral commission. Trump can live in denial along with he's brainwashed followers. For the record, I'm not partisan, and would welcome an investigation if their was any evidence. As for defamation, FOX unfortunately does have right to disseminate their propaganda and its not a legal case that can standup. However, Trump and his cohorts certainly have a case to answer and may be ***in legal proceedings for years to come.
The first amendment does not protect from libel or slander. While Fox can certainly claim they are just covering what the politicians are saying, that argument won't stand up if they allowed employees of their network to advance those claims without attributing it to an outside source. Bid difference between saying "Guilanni claims Smartmatic did x..." and "Smartmatic did x"... and there was a lot of the latter from Fox employees.
You are “non-partisan” yet you believed The whistleblower who said Kavanaugh committed *****and refuse to believe hundreds of eyewitness whistleblowers of election fraud. You are as bad as the false prophets in the media itself and as censoring.
Actually, I agree with your remarks and you are correct in this view. It is indeed a fine line and I would agree FOX has been complicit in many areas, till Rupert pulled the plug on the extraordinary support for the Trump campaign. I'm not a US citizen and do not follow all the interviews and articles to make any form of legal summation. I would however welcome a transparent unbiased appraisal by suitably qualified judge on the US law position. Media laws around the world are undergoing some changes, I could offer more, but only from an Australian perspective. That said, I respect the sovereign rights and choices my US friends deem in the best interests of their nation going forth.
Well, It may be the right time to show the fraud...or pay...
Ehat fonyou have to hide. Please proceed
I say it should go forward. Discovery would open up a can of worms.
Pandora box...
Open up an investigation
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