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This week, Justice David Cohen of State Supreme Court in Manhattan issued a stinging rebuke of Fox News. Denying the network’s attempt to dismiss a $2.7 billion lawsuit filed by Smartmatic, the election technology company that Fox smeared as part of Trump’s Big Lie offensive following the 2020 campaign, Cohen waved off Murdoch’s attorneys.
“Even assuming that Fox News did not intentionally allow this false narrative to be broadcasted, there is a substantial basis for plaintiffs’ claim that, at a minimum, Fox News turned a blind eye to a litany of outrageous claims about plaintiffs, unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth,” Cohen wrote in his 61-page opinion. The judge repeatedly signaled that the lawsuit can proceed because there’s a reasonable chance that a jury would find Fox guilty of defamation. The finding comes just three months after a judge in Delaware issued an identical ruling in another defamation lawsuit against Fox News, this one seeking $1.6 billion in damages. That one was brought by Dominion Voting Systems, which claimed Murdoch’s network smeared the election software company by casting it as a central villain in the GOP’s “rigged” charade. “Fox possessed countervailing evidence of election fraud from the Department of Justice, election experts, and Dominion at the time it had been making its statements,” the judge wrote. “The fact that, despite this evidence, Fox continued to publish its allegations against Dominion, suggests Fox knew the allegations were probably false.” For years, Fox News has gotten away with blatantly lying and slandering people, most often Democrats, and have paid almost no price for it. The reason Smartmatic and Dominion are having success in court is because they are businesses, not individuals, and they’re not “public figures.” If they were, it would be extremely difficult, under U.S. legal precedent, to prove they were defamed. They are both easily able to document how their brands have been damaged, and the amount of business they have lost, thanks to Fox smears. Murdoch hounded by lawsuits that could cost Fox News billionsListen now | The Big Lie
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