The defamation case brought by Smartmatic against Newsmax will move to trial later this month a judge ruled Thursday.
Newsmax had previously attempted to dismiss the case, but Delaware Superior Court Judge Eric Davis rejected that attempt, arguing that key questions remain in the case.
“Newsmax reported on allegations regarding the Election and Smartmatic, but there remains a dispute as to whether Newsmax recklessly disregarded the truth,” Davis wrote in his decision. “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.”
Smartmatic has continually asserted that the outlet knowingly and maliciously peddled the false narrative that the election machine company was part of a grander plan that led to President Joe Biden — not Donald Trump — winning the 2020 election.
The cable news channel has maintained it did not defame anyone, adding that it aired clarifications in December 2020 that the network had not revealed any evidence that neither Smartmatic nor Dominion Voting Systems had manipulated any votes in the 2020 election, despite the claims of some of its guests.
Dominion Voting Systems famously sued Fox News for a similar situation with the two parties settling on a $787.5 million payout.
“While Newsmax is disappointed that any part of Smartmatic’s lawsuit is going to trial, as we believe it is a threat to a free press, we are pleased that the Court found no evidence that Newsmax acted with evil intent toward Smartmatic and that the neutral and fair reporting privileges are available to Newsmax at trial,” a network spokesman said.
