A Delaware judge agreed to send another 2020 election defamation case to trial Thursday, ruling that the Newsmax Media published false claims saying Smartmatic voting machines rigged the 2020 election.
A jury will soon decide whether the network defamed the voting machine company — that is, whether it published those claims with actual malice or reckless disregard for truth and damaged the company — and whether damages are due.
“The jury must determine if Newsmax was doing what media organizations typically do — inform the public of newsworthy events — or did Newsmax purposely avoid the truth and defame Smartmatic,” Judge Eric Davis wrote in a 57-page ruling.
The trial is scheduled to begin Sept. 30, The Associated Press reported.
Florida-based voting machine company Smartmatic, alleging defamation, sued Newsmax Media, also based in Florida, in 2021, arguing that the network claimed its devices rigged the 2020 election. Newsmax has argued that it was reporting on newsworthy events, and that some of the claims at issue were true.
Former President Donald Trump and his allies have repeatedly claimed that the 2020 election was rigged. Trump’s lawyers have singled out Smartmatic as one of the culprits.
In his ruling Thursday, Davis granted parts of both sides’ motions, denying other parts. He agreed with Newsmax that not all of the allegedly defamatory statements had been proven false, allowing it to dispute falsity at trial. He also said there was no evidence that Newsmax was acting with intent to harm Smartmatic with its coverage.
But in wins for Smartmatic, he ruled firmly that the rigged election claims were definitely false, published by Newsmax and specific to Smartmatic.
“Statements regarding Smartmatic software or voting machines altering the results of the Election are factually false. The reports and investigations conducted by multiple state and federal agencies since the Election universally come to the same result,” Davis said in his ruling.
Davis presided over a similar suit between Dominion Voting Systems and Fox News last year; the parties settled for $787.5 million moments before trial.
Smartmatic’s case is quite different, in large part because the voting machine company was used only in Los Angeles during the 2020 election.
“Today’s ruling vindicates our position. As we have said before, Newsmax’s own people knew they had no proof that Smartmatic was involved in any type of fraud involving the 2020 election, and yet they continued to peddle that false narrative. Newsmax must be held accountable to the fullest extent under law. We look forward to going to trial and presenting our case,” Erik Connolly, Smartmatic’s lead trial attorney, said in a statement.
Newsmax did not immediately respond to a request for comment Thursday night.
Smartmatic this year settled a separate defamation suit against One America News Network. Details of the settlement were not disclosed.
