Newsmax Is Taking Smartmatic To Court, Calls In Lawyers

( )- Last Monday, Newsmax Media filed a counter-suit against the election security firm Smartmatic that sued Newsmax in November for defamation.

Smartmatic filed defamation suits against Newsmax and One America News Network in early November claiming the right-wing outlets amplified false claims that Smartmatic voting machines rigged the 2020 presidential election against Donald Trump.

In its November lawsuit, Smartmatic accused the networks of knowingly spreading lies by reporting their machines “flipped” millions of votes from Donald Trump to Joe Biden.

In the counter-suit filed in Delaware state court on February 7, Newsmax denied it defamed Smartmatic. In the counter-suit, Newsmax’s lawyers argue that the network’s reporting was in the public interest and the lawsuit brought by Smartmatic is an attempt to censor free speech.

The counter-suit also cites an Anti-Strategic Lawsuits Against Public Participation statute (anti-SLAPP law) that many states have enacted to prevent retaliatory lawsuits used to intimidate critics. When he was sued by former advice columnist E. Jean Carroll, former President Donald Trump cited anti-SLAPP law in his counterclaim against her.

However, some legal experts suggest Newsmax’s counter-suit may lack merit.

Both the London-based Smartmatic and its rival Dominion Voting Systems Inc. are seeking billions of dollars in damages in suits against several conservative news outlets along with some Trump associates for allegedly spreading false election claims on-air. Among those individuals facing defamations suits are Trump’s former lawyer Rudy Giuliani, former Trump campaign attorney Sidney Powell, and MyPillow CEO Mike Lindell.

Both One America News Network and Newsmax have argued that their reporting on the matter was in the public interest and therefore protected by the First Amendment.