Smartmatic's defamation lawsuit against Newsmax over the 2020 election is headed to trial
Source: NBC News
Sept. 12, 2024, 10:05 PM EDT
A Delaware judge agreed to send another 2020 election defamation case to trial Thursday, ruling that the Newsmax Media published false claims saying Smartmatic voting machines rigged the 2020 election. A jury will soon decide whether the network defamed the voting machine company that is, whether it published those claims with actual malice or reckless disregard for truth and damaged the company and whether damages are due.
The jury must determine if Newsmax was doing what media organizations typically do inform the public of newsworthy events or did Newsmax purposely avoid the truth and defame Smartmatic, Judge Eric Davis wrote in a 57-page ruling. The trial is scheduled to begin Sept. 30, The Associated Press reported.
Florida-based voting machine company Smartmatic, alleging defamation, sued Newsmax Media, also based in Florida, in 2021, arguing that the network claimed its devices rigged the 2020 election. Newsmax has argued that it was reporting on newsworthy events, and that some of the claims at issue were true.
Former President Donald Trump and his allies have repeatedly claimed that the 2020 election was rigged. Trumps lawyers have singled out Smartmatic as one of the culprits.
Read more: https://www.nbcnews.com/politics/elections/smartmatic-defamation-lawsuit-newsmax-2020-election-trial-rcna170939
Oopsie Daisy
(4,430 posts)KS Toronado
(19,473 posts)Hope they can find a way to curb the disinformation propaganda RW media relies on to brainwash
people into believing falsehoods and conspiracy theories.
BumRushDaShow
(141,413 posts)They (Biden/Harris) have been trying to do that since they were first elected and have been slapped around by the courts for "First Amendment".
The SCOTUS only threw out the latest case against the Administration for the attempts because they claimed the plaintiffs didn't have standing - https://www.scotusblog.com/2024/06/justices-side-with-biden-over-governments-influence-on-social-media-content-moderation/
By Amy Howe
on Jun 26, 2024 at 4:52 pm
The Supreme Court on Wednesday threw out a lawsuit seeking to limit the governments ability to communicate with social media companies about their content moderation policies. By a vote of 6-3, the court ruled that that the plaintiffs did not have a legal right, known as standing, to bring their lawsuit.
Writing for the majority, Justice Amy Coney Barrett cited the lack of any concrete link between the restrictions that the plaintiffs complained of and the conduct of government officials and in any event, she concluded, a court order blocking communication between government officials and social media companies likely would not have any effect on decision-making by those platforms, which can continue to enforce their policies.
Justice Samuel Alito dissented, in an opinion joined by Justices Clarence Thomas and Neil Gorsuch. Suggesting that the case could be one of the most important free speech cases to reach the Supreme Court in years, Alito would have ruled both that the plaintiffs had standing to bring their lawsuit and that the White House coerced Facebook into censoring at least one plaintiffs speech.
The lawsuit centers on jawboning, a term used to describe informal efforts by government officials to persuade someone outside the government to take action. In this case, the plaintiffs two states with Republican attorneys general and several individuals whose social media posts were removed or downgraded challenged the Biden administrations efforts in 2021 to restrict misinformation about the COVID-19 vaccine. They argued that the administrations actions had violated social media users rights to free speech.
(snip)
KS Toronado
(19,473 posts)et tu
(1,877 posts)independent ones of course, propaganda needs to be dealt with
in a more timely manner~
BumRushDaShow
(141,413 posts)when there were only 3 - 4 major OTA broadcast networks, a bunch of news/talk radio stations nationwide (where a need would have arisen), and a handful of cable channels (plus print media).
With advent of satellite broadcast services (TV/radio), the internet, and "social media", all bets are off, with an unimaginable number of websites and digital media outlets too numerous to deal with, and would run afoul of the First Amendment and the "Congress shall make no law abridging... " thing.
Comfortably_Numb
(4,093 posts)IrishAfricanAmerican
(4,147 posts)The judgement should be fatal.
Martin68
(24,498 posts)Festivito
(13,543 posts)I hope the result for them is a bloody mess.
News? They're not news!