A New York appellate court declined to toss out Smartmatic’s defamation lawsuit against Fox News and personalities including Lou Dobbs and Maria Bartiromo
— stems from Smartmatic’s $2.7 billion lawsuit against the network, contending that its personalties and guests amplified Donald Trump and his team’s unfounded claims that the election systems company rigged the 2020 presidential election.
A Fox News spokesperson did not immediately comment. The network has argued that it is protected by the First Amendment, as it was spotlighting a matter undoubtedly in the public interest, as a U.S. president, Donald Trump, was challenging the results of the election.Bartiromo did not merely report the newsworthy fact that the President’s campaign lawyers were recklessly making statements conveying false information.
The judges also wrote that they declined “to find that plaintiffs should be deemed limited purpose public figures required to allege facts that, if true, would ‘clearly and convincingly’ show defamation with actual malice.”
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