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Thread: The Smartmatic Lawsuit: Over the Cliff Notes
The complaint is here: https://www.smartmatic.com/uploads/Smartmatic_Complaint_Against_Fox_Corporation.pdf
Attached is a list of the plaintiffs and the damages sought. The number usually given is $2.7 billion, but if this case goes to trial and the defendants lose, it's possibly more.
The complaint is here: https://www.smartmatic.com/uploads/Smartmatic_Complaint_Against_Fox_Corporation.pdf
Attached is a list of the plaintiffs and the damages sought. The number usually given is $2.7 billion, but if this case goes to trial and the defendants lose, it's possibly more.
To win, the plaintiffs must prove:
A false statement purporting to be fact
publication or communication of that statement to a third person
fault amounting to at least negligence
damages, or some harm caused to the person or entity who is the subject of the statement
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A false statement purporting to be factpublication or communication of that statement to a third personfault amounting to at least negligencedamages, or some harm caused to the person or entity who is the subject of the statement2/
I: THE LIE
The lie goes like this: Smartmatic was a Venezuelan company under the control of corrupt dictators from socialist countries. Smartmatic’s election technology and software were used in many of the states with close outcomes. . .
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The lie goes like this: Smartmatic was a Venezuelan company under the control of corrupt dictators from socialist countries. Smartmatic’s election technology and software were used in many of the states with close outcomes. . .
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. . . And Smartmatic was responsible for stealing the 2020 election by switching and altering votes to rig the election for Joe Biden and Kamala Harris.
Here is a partial list of the lies detailed in the brief:
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Here is a partial list of the lies detailed in the brief:
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Naturally we have lots of juicy quotations from the defendants. (I hope I'm grabbing the correct screenshots!)
Element II: Publication. This one is easy. Fox reaches millions, including articles on social media.
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Element II: Publication. This one is easy. Fox reaches millions, including articles on social media.
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III. Fault or negligence
(They allege “actual malice")
Smartmatic alleges that the defendants told the lie specifically to enrich themselves
This is sort of a double-whammy. They not only intentionally hurt Smartmatic, they did it to put money in their own pockets.
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(They allege “actual malice")
Smartmatic alleges that the defendants told the lie specifically to enrich themselves
This is sort of a double-whammy. They not only intentionally hurt Smartmatic, they did it to put money in their own pockets.
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Smartmatic alleges that the defendants:
Had access to the truth
Violated well known journalistic standards
I like the "violated well-known journalistic standards" part. Nice understatement.
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Had access to the truthViolated well known journalistic standardsI like the "violated well-known journalistic standards" part. Nice understatement.
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Element IV: Damages
This is also easy. Smartmatic alleges that the company “was irreparably harmed” by these lies.
Damages include:
Smartmatic and its officers received hate mail and death threats.
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This is also easy. Smartmatic alleges that the company “was irreparably harmed” by these lies.
Damages include:
Smartmatic and its officers received hate mail and death threats.8/
When the defendants started spreading their lies, Smartmatic’s clients and potential clients panicked.The company’s reputation for providing transparent, auditable, and secure election technology and software was irreparably harmed.8/
I mean, basically the Defendants ruined this company while pretending to be a news outlets and posing as legal experts.
I love the shade here of "journalist" in quotation marks:
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I love the shade here of "journalist" in quotation marks:
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I should have called this thread Fun With Defamation Law.
It's been said that Fox can survive this. What are they worth? Anyone know? 12 billion? If this case goes to trial and they lose, it seems to me this could cause them—to borrow a phrase—"irreparable harm."
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It's been said that Fox can survive this. What are they worth? Anyone know? 12 billion? If this case goes to trial and they lose, it seems to me this could cause them—to borrow a phrase—"irreparable harm."
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I conclude my forthcoming book on Disinformation (to be published by Macmillan, I don’t know exactly when) with a chapter on ways to help slow the spread of disinformation. One suggestion I offered is defamations lawsuits, inspired by the Sandy Hook parents suing Alex Jones.
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That was my error. I retyped the defendants. https://twitter.com/miltonthe4th/status/1358285773339000832
Actually, it wasn't my error. I am not responsible.
It was the fault of my keyboard gremlins who get very active late at night.
Next I'll do the Dominion Law Suit.
More fun with defamation law.
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Actually, it wasn't my error. I am not responsible.
It was the fault of my keyboard gremlins who get very active late at night.
Next I'll do the Dominion Law Suit.
More fun with defamation law.
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That's a good question. Having never tried to collect billions in damages from anyone, I'll have to defer to people with experience
https://twitter.com/kmasterman/status/1358286696282943489
Fox is the only defendant with anything like that kind of money.
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https://twitter.com/kmasterman/status/1358286696282943489Fox is the only defendant with anything like that kind of money.
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People are asking about the $2.7 billion.
Two things to keep in mind.
(1) In lawsuits, people ask for more than they think they'll get, and
(2) The $2.7 billion was only part of what Smartmatic is asking for.
Two things to keep in mind.
(1) In lawsuits, people ask for more than they think they'll get, and
(2) The $2.7 billion was only part of what Smartmatic is asking for.
Actual damages are easy to calculate. It's money that should be in your pocket, but isn't.
Compensatory damages are harder to calculate.
Lawsuits are about paying for the damage you cause, and causing a person to endure death threats is damage, but what's the dollar figure?
Compensatory damages are harder to calculate.
Lawsuits are about paying for the damage you cause, and causing a person to endure death threats is damage, but what's the dollar figure?
Punitive damages are more controversial because, as I said, lawsuits are about forcing people to pay for the damage they cause. Punitive are to force a company to stop hurting people when it's too hard for most people to sue them, or when they're happy to just pay for injuries.
What they'll get . . . who knows. But they're actually asking for much more than $2.7 billion because they are asking for these other things in amounts to be determined by the court.
Declaratory and injunctive relief means forcing the defendant to do something to make amends
Declaratory and injunctive relief means forcing the defendant to do something to make amends
These lawsuits are still coming. I'm sure Trump will be included. https://twitter.com/SaenzScott/status/1358325259947106304…
I just saw another question I intended to answer, but now I can't find it. (If I don't answer your question, it isn't because I don't like you!)
I just saw another question I intended to answer, but now I can't find it. (If I don't answer your question, it isn't because I don't like you!)
It looks to me like it won't work this time because it caused actual damages, and because Powell and Giuliani were presented as "legal experts" and the show was actually a news show, not Hannity stuff. https://twitter.com/ImaClauson/status/1358478541084524544
Smartmatic made a persuasive argument that they are not a "public figure" (some companies can be), but, not taking any chances, they argued "actual malice" instead of the lower fault standard required for non-public figures. https://twitter.com/EveryVoiceNC/status/1358485600140156939
