February 16, 2023
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Fox News got smacked down by the New York State Supreme Court's appellate decision this week as they tried, and failed, once again to get the defamation lawsuit against them from Smartmatic dismissed. The company is suing the network for over a billion dollars for spreading lies - and allowing the spread of lies - about the company while pushing election myths after the 2020 election, and Fox has been smacked down at every possible turn trying to get this case and others dismissed. Ring of Fire's Farron Cousins explains what this means for the conservative media giant.
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*This transcript was generated by a third-party transcription software company, so please excuse any typos.
New York State's Supreme Court's Appellate Division this week ruled that Fox News cannot escape the 2.7 billion defamation lawsuit filed against them by Smart Mad. Now, this is separate from the, I think 1.6 billion lawsuit filed against Fox News from Dominion Voting Systems. But the lawsuits are basically identical from the two separate voting companies. So Smart Madock has filed this defamation lawsuit alleging that, uh, Fox News willfully allowed Donald Trump's lawyers, specifically Rudy Giuliani and Sidney Powell to go on their network and spread lies that they knew were lies. The folks at Fox News knew that these were lies according to smart, mad, and they didn't push back. They allowed it to go unchallenged and therefore defamed the company in a way that's gonna cost them lots of money. I mean, it's gonna be difficult for Smart Matic and Dominion to get contracts to provide voting machines or software or whatever in the future because of all the horrible news that's been out there about them from conservatives.
So they have a very legitimate claim. And of course, in any defamation lawsuit, that is the first thing you gotta have. You gotta have damages. You can't just say, I don't like what they said about me, because then you're gonna go to court and the judge is gonna say, well, what's the damage? Has it prevented you from getting a job? Has it cost you money what they said? And if not, you have no case. And it's out the window smart, mad, according to them, they've already lost contracts. Same thing with Dominion. So they can easily prove we lost money because of what they said. Now, what's interesting about this, of course, and I've said this repeatedly, and I'm gonna say it again because this is so historic, almost Fox News has been able to weasel their way out of defamation lawsuit after defamation lawsuit. But time and time again with both the Dominion lawsuit and the smart mad one, Fox News has gone to court, made the same arguments they make all the time, right?
Like, Hey, we're we're just reporting on the news of the day. Hey, we got free speech. Hey, nobody takes us seriously anyway, but this time those arguments have not been successful. In fact, here's from the, the court order. The complaint alleges and detailed fashion that in their coverage and commentary, Fox News, Lou Dobbs and Maria Bartiromo effectively endorsed and participated in the statements with reckless disregard for or serious doubts about whether there was any reliable evidence. For them, it was five judge panels, unanimous decision. All five judges said, Fox News, you're gonna face the music for this. You're gonna go to trial. You can make your case because it's up to them to prove that you defamed them knowingly. It's not up to you to prove you didn't. They have to prove you did. So you already get the benefit of the doubt in the trial, so you know you're already sitting in a good position there.
Let it play itself out in court. Let's see where this goes. Is basically what the judges are saying. They're not saying that Fox News is guilty. That is not what this ruling is about.
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