Fox also argues that Smartmatic should be viewed as a public figure. This argument, which is likely to be disputed by the tech company, means that Smartmatic must meet a high bar to prove it was defamed: it shows that the defendants knew their statements were false, or at least had serious doubts about them.
Smartmatic’s 276-page lawsuit alleges that Mr. Trump’s lawyers used Fox’s platform and its sympathetic anchors to spin conspiracies about the company that damaged its reputation and economic prospects. The lawsuit has been welcomed by those attempting to stem the flow of disinformation from right-wing news agencies, but has also raised questions about the limits of language in a changing media landscape.
Fox’s argument in its motion – that it provides a forum for timely interviews – could encroach on the conceptual heart of Smartmatic’s case, which grouped Fox, its hosts, and their guests as defendants who worked together to spread falsehoods.
The defamation lawsuit cites exchanges about Fox Programs, which Smartmatic said helped spread the false claim that the company owned a competing voting technology company, Dominion Voting System, and served districts in multiple countries disputed states. In fact, Smartmatic was only used by Los Angeles County in the 2020 election.
And Smartmatic provides vivid examples of Fox programs spreading bizarre falsehoods, like a claim by Ms. Powell on Mr Dobbs’s show that former Venezuelan President Hugo Chavez helped the company develop software, cast the votes could change covertly. (Mr. Chávez died in 2013 and had nothing to do with Smartmatic.)
In other exchanges cited by Smartmatic, Fox anchors took turns expressing support and astonishment as Mr. Giuliani and Ms. Powell made their claims. In one case, a phrase used by Ms. Powell – “Cyber Pearl Harbor” – was later called up by Mr. Dobbs on his show and on social media.
Fox’s response on Monday included a 14-page appendix titled “Fox ‘Evenhanded Coverage of Smartmatic,” which documented cases by Fox News and Fox Business that the company believes are skeptical of Trump’s claims Teams showed.
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