Fox News asks court to dismiss $2.7 billion lawsuit over election conspiracy theories, saying it just offered 'unquestionably newsworthy information'

Maria Bartiromo
The Fox News host Maria Bartiromo. Roy Rochlin/Getty Images
  • Fox News has asked a judge to dismiss a $2.7 billion defamation lawsuit against it.

  • The suit was brought by the election-technology company Smartmatic.

  • Fox said it fairly reported and commented on "allegations in a hotly contested" election.

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Fox News filed a motion Monday to dismiss a lawsuit from Smartmatic, the voting-technology company that accused the network of irreparably harming it and "damaging democracy worldwide."

In asking the judge to reject the $2.7 billion lawsuit, Fox News said it was simply offering the public "unquestionably newsworthy information." The suit was filed against individual Fox News hosts, as well as Sidney Powell and Rudy Giuliani, two lawyers who are accused of promoting election conspiracy theories.

"The logic of Smartmatic's position would be that the press must censor all discussion of even the most newsworthy of public controversies to escape imputation of actual malice, even in the context of statements by objectively newsworthy third parties during live television interviews," attorneys for Fox News said.

In its defamation suit, Smartmatic alleged Fox and other defendants invented a story that the election was stolen from President Donald Trump and made Smartmatic "the villain in their story."

Fox said it moved to dismiss the Smartmatic lawsuit because it was "meritless," and it defended its reporting of the presidential election.

"If the First Amendment means anything, it means that Fox cannot be held liable for fairly reporting and commenting on competing allegations in a hotly contested and actively litigated election," it said in a statement.

Read more: Trump-ally media outlet OAN quietly deleted articles about Dominion despite publicly doubling down on election conspiracy theories

In its suit, Smartmatic seeks more than $2.7 billion in compensatory and punitive damages. It also asks for defendants to retract false statements.

Fox said it could not be held liable for covering all sides of a "vigorous debate of profound national importance."

"When a sitting president and his surrogates claim that an election was rigged, the public has a right to know what they are claiming, full stop," it said.

The lawsuit named the hosts Maria Bartiromo, Jeanine Pirro, and Lou Dobbs as defendants. Days after the suit was filed, the Fox Business Network canceled Dobbs' show, saying the move was part of "planned changes."

After the election, Trump and some of his supporters spread baseless claims of election fraud, including that Smartmatic manipulated the results.

Smartmatic in December demanded Fox News retract allegations leveled by its employees and guests, but Fox did not comply and instead aired an interview on the three hosts' programs with an outside expert who said there was no evidence to support claims made against Smartmatic.

Reuters contributed reporting.

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