Regarding allegations of election tampering, Fox News must respond to Smartmatic’s complaint.

By Jonathan Stempel; Edited by News Gate Team

A Fox News channel sign is seen on a television vehicle outside the News Corporation building in New York City, in New York, U.S. November 8, 2017. REUTERS/Shannon Stapleton

Reuters, NEW YORK, February 14 – A multibillion dollar defamation lawsuit accusing Fox News of making false allegations that an electronic voting systems provider was involved in rigging the 2020 U.S. presidential election to favor Joe Biden over Donald Trump was denied dismissal by a New York state appeals court.

Smartmatic USA claimed in “detailed fashion” how Fox News and some anchors and guests “effectively endorsed and participated in (defamation) with reckless disregard for, or serious doubts about,” whether the company engaged in election fraud, the Appellate Division in Manhattan ruled in a 5-0 decision.

According to Smartmatic, Fox News willfully misrepresented its technology and how it was used in order to increase ratings and prevent Trump supporters from switching to the right-wing networks Newsmax and One America News. Smartmatic had sought $2.7 billion in damages.

Fox News (FOXA.O) has long claimed that it has a duty to inform the public and that the First Amendment of the U.S. Constitution protects it when it airs fraud allegations.

With regard to Fox News, broadcaster Maria Bartiromo, and former host Lou Dobbs, Tuesday’s ruling permits Smartmatic to pursue its legal claims.

Additionally, it brought back some of the accusations against Rudolph Giuliani, the former mayor of New York City and Trump attorney, as well as Smartmatic’s case against anchor Jeanine Pirro.

Fox News, whose attorneys also defended the anchors, stated that it anticipated winning the lawsuit.

Nothing is more newsworthy, it declared, than hearing about the president of the United States and his attorneys alleging voter fraud. In addition to the damages claims being unreasonable, unjustified, and lacking in a foundation in good financial analysis, freedom of the press must be maintained as it is the cornerstone of our democracy.

Giuliani’s attorney could not be reached right away for comment.

According to Smartmatic, it only provided electoral technology to Los Angeles County, where Biden triumphed.

Fox News’ attorney, J. Erik Connolly, stated, “We look forward to holding Fox News and the other defendants accountable in court.”

The verdict from the state Supreme Court Justice David Cohen from March 2022 was largely confirmed by Tuesday’s decision.

Dominion Voting Systems, another provider of voting technology, is suing Fox News for $1.6 billion in Delaware.

The case is Smartmatic USA Corp v. Fox Corp, 1st Department, Appellate Division, New York State Supreme Court, No. 2022-01291.

By Jonathan Stempel; Edited by News Gate Team

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