A defamation lawsuit filed by Florida-based voting technology company Smartmatic against Newsmax is moving toward trial after a Delaware judge’s ruling on Thursday. Smartmatic accuses Newsmax, along with other conservative media outlets, of airing false claims that the company played a role in rigging the results of the 2020 U.S. presidential election.
Newsmax defended its coverage, arguing it was reporting on newsworthy allegations made by former President Donald Trump and his allies. The media company previously issued a clarification, stating it had “not reported true” certain claims about Smartmatic. Both Newsmax and Smartmatic sought a summary judgment from Superior Court Judge Eric Davis to avoid trial, but Davis ruled that key issues would need to be decided by a jury, with the trial set to begin on September 30, according to The Associated Press.
Smartmatic, which provided election machinery only in Los Angeles County for the 2020 election, has repeatedly stated that it had no involvement in the disputed results elsewhere in the country. The company’s lawsuit against Newsmax mirrors previous legal action taken against One America News Network (OANN), which was settled in April through a confidential agreement. Smartmatic’s separate defamation case against Fox News remains ongoing.
In Thursday’s ruling, Judge Davis determined that not all of Newsmax’s allegedly defamatory statements about Smartmatic were materially false. As a result, Newsmax will be allowed to challenge the accuracy of its statements regarding Smartmatic’s alleged connections to Venezuela.
Additionally, a federal grand jury in Florida has indicted three current and former Smartmatic executives in connection to a $1 million scheme involving voting machines in the Philippines. Newsmax referenced Smartmatic’s controversial history in its court filings, as reported by The Associated Press.
Judge Davis also ruled that Smartmatic is a “limited public figure,” meaning the company must prove that Newsmax acted with “actual malice” — knowingly or recklessly disregarding the truth. Newsmax, for its part, has claimed it was exercising its “neutral reporting privilege” by sharing third-party allegations made on platforms outside its own.
While the judge found no evidence that Newsmax acted with “evil intent,” a jury will determine whether the company acted with actual malice and whether Smartmatic is entitled to damages.
Smartmatic expressed confidence in its case, stating it “very much” looks forward to presenting its losses to a jury in pursuit of damages. However, it remains possible that Newsmax could seek a settlement before the case reaches trial.
In a statement to The Hill, Smartmatic’s lead trial attorney, Erik Connolly, said the company is pleased with the court’s decision. “The court’s decision is the latest victory for Smartmatic in the lawsuits it has filed against individuals and media organizations that defamed the company following the 2020 U.S. election,” Connolly said.
Newsmax, while disappointed that part of the lawsuit is proceeding to trial, defended its reporting. In a statement to CNN, spokesperson Bill Daddi said, “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.” The company reiterated that it had never made “a claim of impropriety about Smartmatic, its ownership, or software.”