A major defamation case against right-wing cable channel Newsmax has been scheduled to go to trial in late September, with the potential for the battle over 2020 election lies to be on full display at the height of the 2024 campaign. Newsmax and voting technology company Smartmatic could still potentially reach a settlement, but if the trial date holds, it will be the first of more than a dozen high-profile defamation cases related to false claims that Smartmatic and Dominion Voting Systems rigged the election in favor of Joe Biden. These claims, championed by former President Donald Trump and his allies, played a role in fueling the deadly insurrection on January 6, 2021.
The trial is set to take place in Delaware Superior Court, with Judge Eric Davis presiding. Smartmatic filed the lawsuit in 2021, alleging that Newsmax intentionally promoted lies about the company’s involvement in election rigging to boost ratings and compete with Fox News. Smartmatic’s legal team has accused Newsmax of knowingly spreading false information to attract viewers, even after being aware that the claims were untrue. Newsmax has denied the allegations, stating that they did not endorse stolen election claims and reported on criticisms of Trump’s allegations while accepting Biden’s election.
Newsmax, owned by Trump ally Christopher Ruddy, is not as large of a media presence as Fox News but saw a surge in ratings following the 2020 election as Trump supporters turned to the network for coverage questioning the legitimacy of Biden’s victory. However, unlike Fox News, Newsmax publicly acknowledged in December 2020 that there was no evidence of election manipulation by Smartmatic or Dominion, despite previous claims made by guests and officials on its network. In addition to the Newsmax case, Smartmatic is also suing Fox News, OAN, and Trump allies like Rudy Giuliani and Mike Lindell for spreading similar election lies.
The outcome of the trial could have significant implications for the First Amendment and how journalists cover Trump’s election lies. A defeat for Newsmax in court could pose financial risks for the network, which may face real financial peril if found liable for defamation. The trial is a part of a broader legal battle over false election claims that fueled the insurrection in January 2021 and continues to impact political discourse and media coverage. With the potential for further delays or a settlement, the trial remains a key focal point in the ongoing legal disputes surrounding the 2020 election.