In a recent development, four board members of Fox Corporation have been subpoenaed as part of Smartmatic’s $2.7 billion defamation lawsuit against Fox News. The lawsuit alleges that executives at the right-wing cable channel’s parent company were aware that false claims about the 2020 election were being spread. Smartmatic’s lead attorney, Erik Connolly, stated that accountability and responsibility do not stop with Rupert and Lachlan Murdoch and plans to pursue Fox’s board members to determine why they allowed the dissemination of misinformation.
New York Judge David Cohen had previously ordered Fox Corporation to hand over documents related to the board members in the case. Rupert Murdoch, the founder of Fox Corporation, was also deposed last year as part of the proceedings. The Fox spokesperson has not responded to the recent developments. Over the years, members of the Fox Corporation board have chosen to remain silent amidst controversies, refraining from addressing questions about their stance on the offensive rhetoric aired by the network.
In a previous filing, Smartmatic alleged that the board members were witnesses to the control exerted by Rupert and Lachlan Murdoch over Fox News. They were said to have exchanged relevant emails, attended meetings during and after defamatory broadcasts, and discussed the 2020 election and competitive threats faced by Fox News. The recent subpoenas mark a significant development in the case after Cohen ruled earlier this year that Smartmatic could proceed with its lawsuit against Fox Corporation as well, not just Fox News.
The lawsuit, filed in New York State court, accuses Fox News and its hosts of intentionally spreading lies about Smartmatic in an effort to mislead the public into believing that the 2020 presidential election was rigged for Joe Biden. The lawsuit claims that Fox News needed a villain to blame for the alleged rigging and chose to make Smartmatic the target of their false narrative. Fox News had previously settled with Dominion Voting Systems for $787 million over similar lies about the election.
Fox News has maintained its denial of defaming anyone and has argued that Smartmatic’s lawsuit is an attack on the First Amendment. The network is prepared to defend itself when the case goes to trial, likely in 2025. A Fox News spokesperson stated that Smartmatic’s damages claims are implausible and intended to suppress First Amendment freedoms. The ongoing legal battle between Smartmatic, Fox News, and Fox Corporation continues to unfold as more details emerge in the case.
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