An Attack on the First Amendment, Fox News Slams Smartmatic’s Lawsuit

The White House from Washington, DC, Public domain, via Wikimedia Commons

In a move to dismiss Smartmatic’s $2.7 billion defamation lawsuit against Fox News, the outlet blasted the voting company calling the lawsuit an attack on the First Amendment. Smartmatic filed a lawsuit against Fox News, Rudy Giuliani, and Sidney Powell for allegedly spreading false statements about the 2020 election as a plot to undermine the voting company’s reputation. Fox News maintains it had a responsibility to its viewers to report the news regarding the election and cannot be held responsible for what guest commentators say while on the network.

According to The Daily Wire:

“This lawsuit strikes at the heart of the news media’s First Amendment mission to inform on matters of public concern,” Fox said in its motion to dismiss, according to The New York Times. “An attempt by a sitting president to challenge the result of an election is objectively newsworthy.”

“The public had a right to know, and Fox had a right to cover, that the president and his allies were accusing Smartmatic (and others) of manipulating the election results, regardless of the ultimate truth or accuracy of those allegations,” Fox’s filing says.

In its lawsuit, Smartmatic claimed that Fox News and others orchestrated an election narrative that painted the voting technology company as “a Venezuelan company under the control of corrupt dictators from socialist countries” that was “responsible for stealing the 2020 election by switching and altering votes to rig the election for Joe Biden and Kamala Harris.”

“Defendants’ story was a lie. All of it. And they knew it. But, it was a story that sold. Millions of individuals who saw and read Defendants’ reports believed them to be true,” the lawsuit said. “Smartmatic and its officers began to receive hate mail and death threats. Smartmatic’s clients and potential clients began to panic. The company’s reputation for providing transparent, auditable, and secure election technology and software was irreparably harmed. Overnight, Smartmatic went from an under-the-radar election technology and software company with a track record of success to the villain in Defendants’ disinformation campaign.”

Smartmatic’s lawsuit against Fox News and others closely mirrors a similar defamation suit filed by Dominion Voting Systems.

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      1. “And there in lies the rub…” Clive Owen, Inside Man 2006

        There will NEVER be an electronic device that can not be electronically manipulated.

        If you don’t understand that, my grandfather had a great saying that you fall under:

        “All the fools aren’t dead yet.”

        1. Recent findings on the election: 1. Virginia voter identified 1.7 million vote difference between state reports. (Virginia Board of Elections rule about late absentee mail in ballots was ILLEGAL.) 2. Michigan moves 177,000 voters from voter rolls AFTER legal challenge. 3. Exclusive 300,000 Biden votes cannot be explained or tied to final results 4. Supreme Court schedules Pennsylvania election case. 5. Murdock allegedly illegal ballots exceed Biden’s victory margins in six swing states. 6. Time Magazine investigation well funded cabal worked to change election laws control flow of information. 7. Intelligence analysis downplayed Chinese election influence to avoid supporting Trump policies Inspector finds. BEST OF ALL: 8. Latest Dominion Executive admits voting machines support all networks, Wish trump could see this. These are all online.

        1. Notice how the left wants to change everything to suit their agenda. Paper Ballots were so much easier, and voting on the day of elections instead of mail in ballots which makes it easier to cheat by mail, without postmark dates, through drop boxes, early voting, and other means of fraud. When there are people who are dishonest and don’t care about laws or integrity, only what they gain, there is going to be dishonesty and unfairness to honest people who are lawful citizens, and who are still alive, not in the ground. We can’t continue to let our elections to be stollen.

      2. Absolutely! Time to go back to paper ballots and “Certified” Ballot Counters of the Human kind, no more electronic voting machines. And it needs to be made clear, that any illegal actions done when counting the ballots will cause that individual to go to prison for not more than 3 years and not less than one year.

        Maybe if people are warned about doing illegal acts and the sentence it carries, they may not want to commit the fraud Or Not. Some Leftists are just criminal through and through!

    1. Every red state can go by the 10th admendment . They don’t have to go by what Obiden says or does. They would be their own entity. Then all you blue states can have fun trying to live in a satans world. But you would need to be self sufficient cuz I know one thing ain’t no Red blooded American gonna help y’all with a dang thing…

    1. Rose P
      Please explain how you come to this conclusion when every state election commission, and all outside observers, are is saying this was the most fair and honest election on record, in this USA. When the actual fact is that Trump started the stolen election long before anyone even voted in that election, spreading actual lies about everything to do with the election.

      1. There is more than ample evidence to show dishonesty in our elections. President Trump did NOT start the “stolen election” diatribe; however, it is a fact that the election was stolen. And no one is spreading lies about that fact either.

      2. What a bunch of malarkey! President Trump is right, the election was stolen before the voting began because the voting machines were programmed to vote for the other person regardless of who the voter selected on those machines. I watched a special report on the internet pertaining to that massive cheating.

        1. Malware could have been inserted years ago without being detected and could have been programmed to “come out” at a certain time, i.e. during an election. They just discovered a malware problem with Apple computers so I was told.

          1. In which it did like when the machines shut off in the we hrs and came back on with ten of thousands of votes and not one of them for our president Trump. The media and the leftists need to go . The only thing I watch is the weather then it gets turned off….

          2. I understand that all computers, smart tv’s and phones motherboards made in China are hardwired with a backdoor so CCP can spy on anyone using them. Norton et al virus, malware cannot detect this as it is hardwired into the motherboards.

      3. OJ Simpson was cleared by a panel, just like your election panels! The one thing missing in all this election cycle is the fact in all the blue states not one of either party was allowed in the counting rooms of the mail-in ballots. in every state, trump won like Florida and Ohio reps were allowed in the counting rooms! just remember Oj when here they were certified!

        1. No more excuses, stop whining, we threw out the very principles of this nation
          IN GOD WE TRUSTED …
          the nation turned is back on the true freedom

          blame no one but yourselves

        1. True patriots have now become spineless…
          if every one went to Paris Island there would be more calcium in their spines but now many cannot even start with the basics that are provided, they would not survive as we saw in Texas And the frozen south
          haul them to Alaska and see how they can make do
          if not then they would not even make an army, rather a nation of couch potatoes looking at reruns TV

      4. How do you KNOW this, Rose? Anyway, you can believe WHATEVER you want! It doesn’t make your ridiculous claims TRUE! How does it feel to be living in a perpetual SMOG, eh?

      5. How can you believe that? Especially after seeing on video polling locations shut down counting, kick out observers then pull boxes of ballots from under the table and continue to count for hours in clear contravention of law. Not to mention several Governors in several states change election laws only days or weeks before the election in clear violation of the US Constitution and state Constitutions and all the thousands of signed and sworn affidavits alleging witnessed fraud, violations of law etc. What about all that and don’t tell me the courts heard anything, all they did is refuse to hear and see the evidence, we have a two tried just system now. One law for liberals and another for everyone else!

      6. Well Michigan just removed 177,000 voters from the books because they were not legitimate. They all voted Biden. I guess he didn’t win by 154,000 votes then and lost. THATS WHY

        1. We the majority ppl know what is what and God gave us good common sense to know better. Satan on the other hand let’s you think one way his way. You don’t see anything else but bad = good and vice versa. You will never know the difference cuz one Satan grabs you your gone and no good to anyone not even yourself. Your a goner

      7. Please dont be so naive Rose. The Dems had 4 years to plan how to successfully manipulate and cheat the voting systems and not get caught. They already had perfected ballot harvesting in California and used it extensively throughout the U.S. Trump won a huge victory when counting all legitimate votes!

      8. I watched hours and hours of testimony from NV, AZ, MI, WI, GA and PA.

        Do you mean to tell me that all the witnesses, data analysts that showed statistically impossible ballot drops all for Burden all LIED about what THEY SAW at the polls or in the data?

        Do you mean to tell me that the videos that clearly showed ballots being scanned multiple times and boxes being brought out after poll watchers were sent home were, trucks marked with Burden/Harris signs arriving with boxes and boxes of mail-in ballots were LIES?

        The State Commissions and outside observers were NOT PRESENT and DID NOT WITNESS election fraud. But all these witnesses who provided affidavits under penalty of law WERE PRESENT. Data analysts demonstrated STATISTICALLY IMPOSSIBLE EVENTS occurring with ballots.

        Pull your head out and look around – educate yourself about what happened.

      9. Because corrupt politicians and elites don’t care about the electorate and whats best for them anymore, they want the One World Globalist system, they care about themelves, and they don’t care about Americans or Making America Great. The interests lie with the Global bureaucracy.

      10. You are living in fantasy land Rose P! Take off the blinders! If you want to live in a communist country so bad then move to Venezuela! You are over dosing on your lies about the election! It was rigged & Trump won by a landslide! The truth is there but you have to open your eyes to see it! I pray for people like you who are like sheep being led to slaughter! Remember Jim Jones when he lead his people to drink poison! If Biden said to jump off a cliff ? ?

        1. I think you made a mistake referencing Rose P in your comment, right, Pat? Robert is the one who seems to approve the fraudulent election and bows down to MISTER Biden and his puppeteers, not Rose. 🙂

      11. Your a liberal democRat lair, you people never talk about the truth being important, just lair lair pants on fire..

      12. HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA — HAHAHA — HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA!!!!!!!!!!!!!!!! 🙂 🙂 Biggest and best joke I’ve heard for months, Rose! Because the ONLY lies being spread about the election? Are the ones you just told, and by the other vacuous, desperate liberals who claim it was “fair and honest,” blah, blah, blah!! To quote my buddy Bugs Bunny, “what a maroon!” 🙂

      13. Please watch Mike Lindell’s 2hr video presentation called ABSOLUTE TRUTH then please tell all of us how the evidence presented is false.

      14.  “are is saying this was the most fair and honest election on record, in this USA.” Would please document this statement?
        Would you call this fair election when this happen? change the the voting laws in certain states was done illegally, change how the vote counting was done, no signature checking required, kick out the poll watchers or put them in a place they can’t see anything. You call that a fair election.

      15. ROBERT6391 WATCH A SHOW BY MIKE LINDELL CALLED ABSOLUTE TRUTH AND LET US KNOW IF YOU STILL FEEL THE ELECTION WAS ON THE UP AND UP.

  1. After making sure that their machines were wiped and denying any access to them before they were wiped points to evidence tampering by these corrupt companies.

  2. This election, was, in FACT, STOLEN. Mysterious votes appeared suddenly at strange hours. Discrepancies occured with the machines. This just an attempt by a guilty company to deflect opinion. It won’t work.

  3. But what they did not say in their suit was did they have proof that the election was legally done with out any fraud? and i do not think they can after everything we have seen so far. at least now they can show all the evidence they have collected up to now with out liberal judges throwing it out? and then we see just what happens next?

  4. Both Dominion & Smartmatic directors are globalists of course & should be hunted down & after a short trial, executed publicly

  5. When the VOTER FRAUD president in the WH, all the LIARS just raid up & take their changer, I still can not believe this can happened in USA, Corrupted crooked Communist Pedophiles DEMOCRAT really took over AMERICA

    1. what makes the USA so special? If it can happen in other countries and we use the same equipment … what makes us so bullet proof that it couldn’t happen here? The rose colored glasses have to come off. It’s time for those machines to be investigated and then they need to go ..

  6. NOT TOO Smartmatic is the one that is LYING!!! They are CORRUPT and they KNOW they are!! The only problem there is they THINK they are ABOVE THE LAW!!!

  7. just think about this, Joe biden is a puppet of the left, how the F. he can win this election???
    please watch the “absolute proof”, TRUMP won this election, guarantee.

  8. would love to be on this jury. Time will tell. Smartmatic needs to be investigated for the next four years. They need to be grilled on grill like a steak. Lots of inappropriate voter metrics would come out!!!

  9. Any sensible person knows there was voting fraud big time! These machines were set and manipulated by people in other countries.
    It will happened every election from now on sorry to say. There still needs to be a big investigation and Democrats should agree (I know will never happen)!!! How many senators lost fraud for them too. Would like to see Trump run again but useless as fraudulent ballots would appear again!

    1. For sure it’s been since obama ran for election. There were photos and articles out of Spain where the voting machines were “serviced” and set to vote for obama.

    2. And they used the Vatican server to do it. That’s why you won’t hear a pin drop from the pope. He’s been a bad boy

  10. Seems that only the liberal Democrat mainstream media is allowed ‘freedom of speech’s – as long as that speech follows the liberal Democrat rhetoric that is.

    All others must follow along or be attacked, censored and cancelled

  11. If we all earnestly pray, hopefully God will not only expose the voter fraud, but also bring justice, and put the criminals behind bars where they belong. However, that would probably almost empty out Congress, the DOJ, the FBI, and the Supreme Court, along with Dominion and Smartmatic.

  12. Like they always say, “what you say has consequences”, and now Fox and others re finding that out, that pushing an unproven LIE will cost them money, lots of it starting with the lawyers. Now not one of the voting machines has been found to be wrong in any way, lots of accusations but NO PROOF in any way, and those in Michigan who examined the voting machines, did not say positively that the machines, changed anything and the recount proved that they did not. Those words, could, possibly, and they might have are not factual they are opinions, which every one has but not all are correct in any way.

    1. Robert6391: You are obviously blowing smoke out your azz. You don’t know jack sh!t, so shut up and get back under your rock.

    2. Duh didn’t say they didn’t but also wouldn’t admit that they did. I’m sure the machines worked perfectly. They worked perfectly fixing this election. There is a difference to telling the full truth and telling half the truth. 80 million ppl can’t be wrong 🙄

  13. I will say once more, the truth will never really be heard. In fact this will be placed in file 13 as soon as possible. The swamp doesn’t care, they got what they wanted, no matter how. I do hope that anyone that did vote for Biden opens their minds to what happens next.

  14. Problem is, “Smartmatic” (and Dominion) haven’t made their machines and programming available for forensic examination in a timely fashion. Meaning, in layman’s terms, they could alter their machines and reprogram their directions in order to remove any information that was stored/contained in them that could prove the machines and programs were both potentially capable and functionally did, in fact, alter votes after the fact.
    One does not have to wonder why ANY company that has nothing to hide, hides. As long as it can.
    And often the ‘hiding’ involves’ tarring the opposition by throwing such things as lawsuits in order to further delay and muddy the waters. While ‘sterilizing’ the evidence.

  15. I STOPPED WATCHING FOX BECAUSE THEY CAVED INTO THE LIBS. YOU CAN’T CONVINCE ME THERE WAS NO FRAUD. AT 10 PM TRUMP WAS SO FAR AHEAD OF BITEME AND THEN AT 3 AM IN THE MORNING TENS OF THOUSANDS OF BITEME VOTES CAME IN. I WAS BORN AT NIGHT BUT NOT LAST NIGHT. IF FOX HAD A HAIR ON THEIR ASS THEY WOULD STAND BY THE VOTING FRAUD THAT TOOK PLACE.

  16. Until these machines call be completely audited, signatures matched to verify results they need to be pulled from EVERY State using them. With millions more votes than voters in this last election the numbers do not add up. The counting should have ENDED at midnight when the machines shut down and election should have been called at that time.

  17. Fox News has turned liberal and they would not be in business if it was not for Rush Limbaugh. Donald atrump was faithful to them. They turn around and kick you literally in the ass. They deserve whatever they get. They are phonies and cheat and lie. Especially Wallace Bauer and McCalleum

  18. Criminals will be subpoenaed out of the the woodwork, put under oath and forced to deny or admit that Dominion machines powered by Smartmatic software have the capability to manipulate election results, in real time as well as after the fact. Anyone paying attention knows these lawsuits have the potential to alter state voting laws and codify hardware and software requirements. It should have happened long ago.

  19. I doubt the story on Smartmatic is a lie. During obama’s election (especially the 2nd one), voting machines were being programmed in Spain (allegedly favoring obama). There was quite a bit of flack, but no one really did anything about it. He was named the President, but I always believed he cheated in order to remain in office. Because he cheated on the 2nd election, it is likely he cheated on the first one. And I’ll never forget when the leaderboard showed obama had won a particular Northeastern State by 110%–where did they get that extra 10%? .It appears that political hanky-panky is alive and well, even in 2021.

    1. Obomb rigged the election to be able to win twice! He was the worst president we ever had ! How do you think Poolosi keeps getting voted in ? Are we really that stupid? Wake up before we are in a complete communist country! We are well on our way ! Vote out ALL the rhinos since we know who they are ! I guess if we vote all the deep state out, there will be no demonrats left!

  20. Funny how they never tell you who owns Smartmatic. Diane Feinstein’s husband owns about 50% of the stock. what we have here is like Pelosi sitting on the defense spending panel while her hubby’s business does business with our defense department! we have a government with a rigged bidding process! All done with a star chamber decision panel!

  21. Truth must REALLY hurt. This only proves their GUILT. Neither dominion or smartmatic (LOL, an obvious misnomer) , should ever be used again. Rotten demoncrats.

  22. WEAR IS LOU DOBBS FOX NEWS?MIKE LINDELL THE PILLOW MAN WAS GOING TO GIVE EVERYONE THE FACTS AND PROOF ABOUT VOTER FRAUD IN NOV.2020.FOX BUSINEES NEWS PULLED HIM OF THE AIR AND FIRED HIM BEFORE HE COULD TELL THE VIEWERS ABOUT THE SISTEMATIC VOTER FRAUD COMMITTED BY DOMINION AND SMARTMATIC.

  23. WE ALL KNOW THAT ” SMARTMATIC ” IS A CROOKED BUSINESS AS IT HAS BEEN PROVEN AS SUCH IN OTHER FOREIGN COUNTRIES! ANY ONE WITH A PC AND CODE IN THE WORLD CAN MANIOULATE THERE PROGRAM AND THEY KNOW IT! SO ANY SUING BEING DONE SHOULD BE AGAINST ” SMARTMATIC “!

    1. Smartmatic already had complaints about it’s voting machines years before the 2020 November elections. There were complaints from various states about the machines. Dominion also had problems from various states regarding past elections that cause the need to recount ballots. The problem both the DOJ,and State Elections Commissioners have is how easy it was for both companies to hide what their machines did during the ballot counting process. Even to the degree of removal of evidence of ballot counting procedures done remotely, as far remote, as other countries. Those companies are happy to file multi-billion dollar lawsuits because they know there is no evidence, or at least they believe there is no evidence, to prove the accusations made against their respective companies by both Trumps campaign team or news media. Now, who backs Dominion and Smartmatic financially?
  24. What I really do want to know is, ‘How many disenfranchised American Votes are acceptable before an investigation is even considered? You know, when democrats lost in 2016 even one disenfranchised vote was enough for an investigation and full recount of state ballots. And if any of the ballots were destroyed do you really believe the democrats would have accepted that??!! No! They would have demanded their machines be booted back up and the entire election re-done! Do you think they would have accepted the, ‘Oh, those envelopes were destroyed,” excuse? Helllooooo!!! Think about it.

  25. that is rather curious that FOX claims it has 1st Amendment rights and a responsibility to its viewers. I agree about the Free Speech argument, but FOX abandoned its responsibility to conservative viewers. FOX betrayed us! and I no longer watch anything under that banner.

  26. Why not let the machines be investigated, they have blocked at every level except one small district in Michigan where three found profound corruption. The cheating involved more than just the machines, corruption galore in the state commissions and courts, right down to the poll workers themselves

  27. All the machines are probably reprogramed now or they would not be doing this.
    Next election, it will be the same. Corrupt elections from now on!!!!!

    1. Bet this Robert guy is under 50 years and a collage grad. His mind has been twisted , thanks all the socialest running our schools. My wife & grand daughter both there votes were switch be fore thy even got out of the voting both

  28. It’s very clear that there was all kinds of cheating going on in that election. The horrifying thing is that it was so deep; even the courts went along with it. I don’t know if it was ‘lead or gold’, intimidation, delusion or diabolical planning; probably all of it. They were going to make sure Trump was out by hook or by crook. Now it’s looking like ‘The Tree of Liberty’, Patriots and Tyrants…

  29. When are the Republicans going to engage Dominion and Smartmatic?? Lawsuits and criminal charges should have been brought LONG ago. Is this simply just another case of cowardly Republicans doing nothing for themselves or the country, or do they hate Trump as much as the Democrats do?

  30. Prove that there was no altering of votes by auditing the machines and show the integrity instead of accusing with no audit. We the people doubt the veracity of your claim that there was no corruption, whether by machine or in people that controlled the voting software. There is proof that a lot of machine had seals removed that make it possible for tampering. That makes those machines suspect.

  31. Dominion and Smartmatic can deny all they want. That is what guilty people always do. There are too many facts and too much information out there for these two companies to deny that their machines were tampered with. Now if they want to say that they were not the ones who manipulated the machines I can accept that. But the machines WERE manipulated by someone. THAT IS A FACT.

  32. These companies, their owners, and management need to be taken down for all the fraud that was orchestrated in this past election. Ties to the Democrats and to foreign countries need to be exposed and actions taken to arrest and imprison those responsible. Our country was attacked and the Washington bureaucracy and Deep State minions need to be held responsible!

  33. Smartmatic AND Dominion Voting machines were proven to be unreliable and did not meet the specifications that both companies touted. An American Software Research Company investigated these machines and proved that both these machines did, indeed, had two way communication — NOT the one way the CEOs of those companies stated. By having two way communication, both those voting machines could be changed up to provide different outcomes than the real ballot count!

    Bottom line: The CEOs were lying to cover up this one weakness of their machines AND try to preserve their reputations as reliable Voting Machine companies. OOPS! Guess that didn’t work! And now those companies will never be trusted again nor purchased again, nor talked about again. Unfortunstely for both those companies, they got caught with a product that their specifications did NOT match!

    Even if they win those cases, it’s too late for them to recover from the damage their reputations have received — guilty or not! No Country is going to take the chance of using those machines if they truly want a honest ethical election. It’s “OVER” for Smartmatic and Dominion Voting machines!

  34. What — truth hurt Smartmatic and Dominion?? I’m guessing that if there wasn’t some truth to be found in the allegations, you wouldn’t be so defensive! This is a door I think you will regret opening!

  35. THIS “WAY” of “voting” HAS GOT TO GO! “WHY” bother to “vote” when your “vote” will be “flipped”? UNTIL this “election MESS” is cleaned up, I “THINK” that “WE” should BOYCOTT the “mid-terms”, VOTE ABSENTEE ONLY” & “let’s see” how “they” can “flip”, “Shread, & SOMEHOW” skew the vote . BELIEVE me, “they” WILL FIND A WAY!”

  36. Just go back to voting in person with few exceptions. If people who are capable to vote in person but lack the desire shouldn’t vote anyway.

  37. Anytime there is an attack on people, or news organizations for telling the truth it is abolishing the First Amendment and free speech. Without truth, how can we fight Evil? I keep waiting for Dominion to sue Mike Lindell, they know that he has the goods on them about the stollen election, and keep stalling.

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