High-Stakes Defamation Trial: Newsmax vs. Smartmatic Over Election Fraud Claims

A defamation trial against Newsmax Media over allegations it falsely claimed Smartmatic helped steal the 2020 U.S. election from Donald Trump starts. The trial will decide if Newsmax maliciously reported these claims. The stakes are high, with Smartmatic seeking significant damages and Newsmax planning an IPO.

A defamation trial against Newsmax Media kicks off on Thursday over allegations that the conservative outlet damaged Smartmatic by broadcasting false claims that the voting machine company helped steal the 2020 U.S. presidential election from Donald Trump.

The trial, held in Wilmington, Delaware, will begin with selecting 12 jurors who will determine whether Newsmax purposely avoided the truth about the 2020 election to damage Smartmatic or whether it fairly reported claims by Trump and his allies. Despite Trump's repeated, evidence-lacking insistence that the election was stolen, he lost to President Joe Biden.

Opening arguments are scheduled for Monday, with the stakes incredibly high for Newsmax, a smaller broadcaster. An attorney for the company described the litigation as 'bet your company.' Newsmax hopes to file for an IPO by the end of this year, adding to the case's significance.

Spanning four weeks, the trial is set to wrap up just before the 2024 election, where Trump faces Vice President Kamala Harris. Smartmatic, which sued Newsmax in 2021, alleges that false claims by Newsmax damaged its reputation and business prospects. The company asserts that Newsmax's coverage fueled its audience growth post-election significantly.

Smartmatic, whose machines were only used in Los Angeles County during the 2020 election and which claims a spotless security record, looks forward to presenting evidence of Newsmax's alleged wrongdoing. Newsmax counters, citing First Amendment rights, and notes that it updated viewers and invited Smartmatic to respond to inaccuracies in its reporting.

Delaware Superior Court Judge Eric Davis recently ruled that Smartmatic couldn't prove Newsmax's primary intent was to harm Smartmatic, precluding punitive damages. This trial follows a series of defamation cases related to the 2020 election, including high-profile settlements and verdicts involving Fox News and Rudy Giuliani.

(With inputs from agencies.)