Revealing Texts Uncovered in Smartmatic vs. Fox News Case Highlight Tension Between Private Skepticism and Public Claims

New York — New court filings in the ongoing defamation lawsuit by Smartmatic, a voting technology firm, against Fox News have unveiled a series of private messages exchanged among the network’s executives and personalities following the 2020 presidential election. These communications are critical in shedding light on how key figures within Fox News privately expressed doubts about election fraud claims that they subsequently broadcasted to their audience.

The newly unsealed documents reveal a stark contrast between the internal skepticism voiced by several prominent hosts at Fox News and the public endorsement of unverified allegations surrounding the election. Smartmatic argues that this discrepancy illustrates the network’s “actual malice” as it prioritized ratings and audience retention over factual reporting.

Fox News has consistently denied the allegations put forth by Smartmatic, asserting that it was merely reporting on statements made by then-President Donald Trump and his legal team rather than endorsing those claims. The outcome of this lawsuit is particularly important as it follows Fox’s $787.5 million settlement with Dominion Voting Systems earlier this year, which also revolved around the network’s coverage of election fraud.

Smartmatic’s lawsuit is noteworthy as it potentially represents the challenges faced by media organizations concerning accountability for spreading misinformation in a politically charged climate. Unlike Dominion, Smartmatic’s operations are primarily outside the United States, but the company argues that its reputation has been significantly damaged due to Fox’s coverage.

Among the revelations outlined in the text messages is a conversation between Fox host Jesse Watters and colleague Greg Gutfeld, where Watters suggested that Fox’s ratings could dramatically increase by fully endorsing the “Stop the Steal” narrative. He later acknowledged under oath that he had not seen evidence supporting allegations that Smartmatic had manipulated any votes.

Also emerging from the filings are remarks from other Fox personalities, such as Jeanine Pirro, who reportedly indicated her efforts to support Trump while highlighting her program’s viewership dominance. Meanwhile, anchor Bret Baier openly expressed concerns over inaccuracies in claims of fraud, urging for a factual review of such assertions.

Messages from Sean Hannity and Laura Ingraham also painted a picture of skepticism regarding the claims made by attorney Sidney Powell, with Hannity describing her ideas as “insane” and Ingraham warning colleagues about Powell’s credibility. Further, Fox Corporation chairman Rupert Murdoch acknowledged the problematic nature of allowing Rudy Giuliani to broadcast unverified claims during the height of the election coverage.

Fox News maintains that its reporting was in the public interest and aligned with the newsworthiness of the claims being discussed. In light of ongoing developments, the company also contends that Smartmatic’s reputational issues existed prior to the 2020 election, and any claims for damages have been exaggerated.

As this legal battle progresses, it raises significant questions about the boundaries of defamation law as it intersects with press freedom and the accuracy of political reporting. With no trial date established, the case could potentially unfold over the coming years, complicating the landscape for media accountability in high-stakes political contexts.

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