Fox News and Smartmatic trade sharply-worded legal memos

NEW YORK, NY – MARCH 13: Vehicles on Sixth Avenue move past advertisements showcasing Fox News figures on the facade of the News Corporation building, March 13, 2019, in New York City (Photo by Drew Angerer/Getty Images)

Fox News and the voting machine company Smartmatic Corp engaged in a fierce exchange through opposing court documents, each trying to persuade a judge of their superior position in an ongoing defamation lawsuit.

Both the defense and the plaintiff, filing their respective motions for summary judgment in the New York Supreme Court, unleashed sharp criticism against each other on Wednesday in their legal memorandums.

In the Fox News filing, attorneys argued the voting machine company was using the legal process to shore up its flagging business.

“[T]his lawsuit was manufactured to chill speech and generate headlines by a failing election company that was in financial free fall and saw allegations made by the President’s lawyers as a pathway to profitability,” the filing reads.

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In service of this effort, Fox News directly contrasted Smartmatic with Dominion — the other big name voting machine company embroiled in false and unsupported conspiracy theories about the 2020 election.

“Smartmatic’s strategy in this case has been to draft behind the rulings in the Dominion lawsuit,” the Fox News filing goes on. “But years of discovery have confirmed one thing above all else: Smartmatic is not Dominion.”

In April 2023, Fox News agreed to pay Dominion some $787.5 million in order to settle a defamation lawsuit. In that lawsuit, Dominion claimed Fox News knowingly smeared them with false claims — turning the “flame” of election fraud lies into a “forest fire.”

Yet, for the network, the two similarly-themed defamation lawsuits are something not entirely unlike wholly dissimilar. That’s because of who the plaintiffs are, according to Fox News.

“Unlike Dominion, Smartmatic was a failing business without a significant presence in the United States entering the 2020 Presidential Election,” the Fox News filing continues. “Unlike Dominion, Smartmatic was mired in a decade of business failure due to inadequate technology, missing certifications, and involvement in multiple highly controversial elections. Unlike Dominion, Smartmatic was founded by Venezuelans and was embroiled in claims of fraud in Venezuelan and Filipino elections well before any controversy arose over the 2020 Presidential Election.”

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