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Joinfortmill

(14,481 posts)
Wed Mar 8, 2023, 08:50 AM Mar 2023

The FoxNews TakeDown: Now Comes Smartmatic..

https://fortune.com/2023/03/07/rupert-lachlan-murdoch-disinformation-2020-election-stolen-fox-news-smartmatic-lawsuit/


'Smartmatic said the Murdochs, as the ultimate authorities at the network’s corporate parent, “directed Fox News Network to embrace disinformation following the 2020 U.S. election as a business decision.”...Smartmatic says its technology was used only in Los Angeles County during the 2020 election. Yet Fox News repeatedly gave Trump’s lawyers a platform to cast Smartmatic as an election-rigging specialist involved in a technological conspiracy to scuttle votes for Trump or shift them to Democrat Joe Biden in multiple battleground states.

Smartmatic claims the Murdochs “participated in, encouraged, played an affirmative role, ratified and were responsible for the broadcasting and dissemination of the defamatory reports,” despite knowing they were false. The Murdochs participated in meetings about the coverage, instructed Fox News CEO Suzanne Scott on its message and tone, and didn’t object when the segments aired, Smartmatic says.

Like Dominion, Smartmatic contends that Fox News got behind the bogus voting-fraud narrative to win back pro-Trump viewers who turned to rival conservative news outlets after Fox, correctly, declared on election night that Biden had won Arizona.'

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The FoxNews TakeDown: Now Comes Smartmatic.. (Original Post) Joinfortmill Mar 2023 OP
Statements made with 'reckless disregard' are unprotected by First Amendment Beachnutt Mar 2023 #1
Hmmm, I thought one had to prove actual malice, but I wasn't 100% certain. Thx Bernardo de La Paz Mar 2023 #4
Those are the 2 standards, actual malice or reckless disregard for the truth. CaptainTruth Mar 2023 #9
Very interesting to know that. Thanks to you and Beachnutt for explanation/clarification. liberalla Mar 2023 #11
Fox likely it's both StClone Mar 2023 #19
Well, that certainly makes sense. soldierant Mar 2023 #21
Who's next... Pharma? C_U_L8R Mar 2023 #2
He needs to lose all of his millions SouthernDem4ever Mar 2023 #3
I'd like to see him drmeow Mar 2023 #17
Where does Fox get the chutzpah cyclonefence Mar 2023 #5
Message auto-removed Name removed Mar 2023 #14
Wait. Did Smartmatic also file a lawsuit against Fox? Missed it if they did. machoneman Mar 2023 #6
Yes, for 2.7 BILLION Beachnutt Mar 2023 #7
And don't forget that 1.6 billion in Dominion's suit. calimary Mar 2023 #22
Fox needs to be hit with punitive damages, gab13by13 Mar 2023 #8
Assuming They Win... GB_RN Mar 2023 #20
The cable companies make a lot of money from Fox, they should be sued next. Mr. Sparkle Mar 2023 #10
It's actually the other way around Fiendish Thingy Mar 2023 #12
Message auto-removed Name removed Mar 2023 #15
Cable companies end up paying fux nooz to carry their channels. If the cable companies were sued, BComplex Mar 2023 #13
Tsk Tsk, Murdochs republianmushroom Mar 2023 #16
Here. I'll join you. calimary Mar 2023 #23
We need to get Fox by the throat and not let go. hadEnuf Mar 2023 #18
As Nicolle Wallace pointed out on her show yesterday, Deminpenn Mar 2023 #24

Beachnutt

(7,349 posts)
1. Statements made with 'reckless disregard' are unprotected by First Amendment
Wed Mar 8, 2023, 08:58 AM
Mar 2023

Last edited Wed Mar 8, 2023, 09:58 AM - Edit history (1)

St Amant vs Thompson 1968

https://www.mtsu.edu/first-amendment/article/604/st-amant-v-thompson

Court said 'reckless disregard' means person seriously doubted truth, published anyway

https://www.reuters.com/legal/fox-news-must-face-smartmatics-lawsuit-over-election-rigging-claims-2023-02-14/

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.

CaptainTruth

(6,609 posts)
9. Those are the 2 standards, actual malice or reckless disregard for the truth.
Wed Mar 8, 2023, 09:41 AM
Mar 2023

You only have to prove 1 of the 2.

C_U_L8R

(45,025 posts)
2. Who's next... Pharma?
Wed Mar 8, 2023, 09:00 AM
Mar 2023

Fox has lied about so much, there may be countless suits. Their hubris, dishonesty and greed has made them quite vulnerable. Sorry Carlson, your stock may be worth a lot less soon.

cyclonefence

(4,483 posts)
5. Where does Fox get the chutzpah
Wed Mar 8, 2023, 09:10 AM
Mar 2023

to allow Carlson to continue these lies? It's clear from the Murdock deposition in the Dominion lawsuit that they are heading for big, big legal and financial trouble over just this kind of shit. I hope there is some way those injured and killed on J6 can sue Carlson personally for the kind of pain his crap is causing them (thinking of Alex Jones).

Response to cyclonefence (Reply #5)

calimary

(81,527 posts)
22. And don't forget that 1.6 billion in Dominion's suit.
Thu Mar 9, 2023, 03:56 AM
Mar 2023

Since “green” seems to be the most important, I look forward to seeing lots of it taken AWAY from them.

It’s just unfortunate that they couldn’t add another zero or two to the back end of those big numbers. BANKRUPT those fuckers!

gab13by13

(21,440 posts)
8. Fox needs to be hit with punitive damages,
Wed Mar 8, 2023, 09:23 AM
Mar 2023

that will raise that 1.6 billion up to a number that damages Fox, also for Smartmatic.

GB_RN

(2,391 posts)
20. Assuming They Win...
Wed Mar 8, 2023, 07:35 PM
Mar 2023

And this is already a slam dunk case, you can pretty much count on punitive damages. I see no reason for there not to be any, so that Faux Nuz and Rupert/Lachlan Murdoch think three or four times before pulling a stunt like this again.

Fiendish Thingy

(15,686 posts)
12. It's actually the other way around
Wed Mar 8, 2023, 11:41 AM
Mar 2023

Fox makes most of its money from carrier fees from cable companies, not advertising.

Still, pressure worked to get OAN and Newsmax off the satellite services…

Response to Fiendish Thingy (Reply #12)

BComplex

(8,073 posts)
13. Cable companies end up paying fux nooz to carry their channels. If the cable companies were sued,
Wed Mar 8, 2023, 11:42 AM
Mar 2023

maybe they would stop making fux so rich!

hadEnuf

(2,218 posts)
18. We need to get Fox by the throat and not let go.
Wed Mar 8, 2023, 05:35 PM
Mar 2023

Fox has lied, defamed, ruined people, spread baseless propaganda and are responsible for fomenting treasonous murderous violence. They need to be sued out of existence.

If not Fox as a whole, then the individuals who promote it. Make them a liability.

Deminpenn

(15,290 posts)
24. As Nicolle Wallace pointed out on her show yesterday,
Thu Mar 9, 2023, 06:23 AM
Mar 2023

the lying about Dominion isn't just a one-off thing, it's the Fox News business model as shown in the depositions. It's all about "green", not "red" or "blue". To make money, Fox News decided it must cater to its viewers who only want to hear what they believe lest they leave for another rw media outlet. So Fox News reinforces the lies that they know to be lies. Wallace noted that this could well open up Fox News to be sued by other companies and individuals harmed by the lies.

Fox News has no good choices. It could settle, admit it lies, start telling the truth and lose viewers or it can continue its business model, keep its viewership and continue to be sued. Of course they could win at trial, but Dominion seems to have compiled a lot of damning evidence from Fox's own internal conversations and communications.

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