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Reason
Reason
Jacob Sullum

A Judge Finds a 'Substantial Basis' for the Claim That Fox News Recklessly Promoted Trump's Election Fantasy

Smartmatic USA (SUSA), a Florida-based voting technology company, had a very limited role in the 2020 general election: a single contract with Los Angeles County. But Smartmatic loomed much larger in the imaginations of Trump campaign lawyers Sidney Powell and Rudy Giuliani, who repeatedly claimed the company had supplied fraud-facilitating software to Dominion Voting Systems as part of an elaborate conspiracy to steal millions of votes for Joe Biden.

Fox News played a conspicuous role in promoting that tall tale, which is why SUSA sued the cable channel for defamation in February 2021, seeking $2.7 billion in damages. Fox argued that it was protected by freedom of the press because it was merely covering the president's allegations of election fraud. But this week, a New York judge ruled that Smartmatic can proceed with its claims against Fox News, former Fox host Lou Dobbs, and current host Maria Bartiromo.

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