FOX News moved to dismiss the $2.7 billion “meritless” nuisance case by Smartmatic in a press release in February 2021.
FOX News argued at the time, “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.”
Smartmatic suffered a setback in a New York court after a NY judge orders the company to prove it suffered actual damages following the FOX News reporting.
Smartmatic, the controversial election machine company, filed charges against FOX News in February 2021 following a segment on the conservative channel.
We are defending our company by filing a defamation & disparagement complaint in the NY State Court against @FoxNews for false claims about us related to the Nov US 2020 #election. We must hold them accountable for knowingly broadcasting baseless claims https://t.co/yxs3QV05U3 pic.twitter.com/GX24DFbarm
— Smartmatic (@smartmatic) February 4, 2021
Four years later – this week a New York judge ordered Smartmatic to produce real evidence it suffered actual harm from the FOX News segment.
This comes weeks after FOX News again called on the suit to be tossed out.
The Examiner reported:
Smartmatic’s dreams of a big settlement payday from Fox News suffered a big blow Tuesday when a New York judge ordered the company to produce real evidence it suffered any actual economic harm from the allegedly disparaging remarks made by on-air Fox News talent after the 2020 elections.
The judge’s order comes just weeks after Fox News filed a motion to end the lawsuit on the grounds that Smartmatic did not have a good reputation worth anything before Fox News talked about it. Under New York law, in order to win a defamation case, a plaintiff must first show that it suffered economic harm from the defendant’s allegedly false statements. The judge’s order seems to be agreeing with Fox’s motion and would require Smartmatic to prove damages before further discovery can continue.
Earlier this year, DNI Tulsi Gabbard announced that evidence proves voting machines can be tampered with to steal elections.
BREAKING: Tulsi Gabbard Drops Bomb on Voting Machines — Says Evidence Shows Voting Machines Can Be Tampered With to Steal Elections
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