Fox News on Thursday appealed a judge's decision to let voting systems company Smartmatic pursue a $2.7 billion defamation lawsuit alleging that the network falsely accused it of rigging the 2020 U.S. presidential election against incumbent Donald Trump.
, also countersued Smartmatic to recoup legal costs, saying the lawsuit was designed to stifle its constitutionally protected right to inform viewers about newsworthy events.
Smartmatic accused Fox News and several on-air personalities in its February 2021 lawsuit of decimating its business with a bogus narrative that its election software helped Democrat Joe Biden steal the 2020 election from Trump, a Republican. Fox News also said Smartmatic's claims violated New York's November 2020 "anti-SLAPP" law, short for "strategic lawsuits against public participation" and meant to protect journalists from frivolous lawsuits designed to harass critics.
In a separate case, a federal judge on March 11 rejected Trump's bid to invoke the anti-SLAPP law against E. Jean Carroll, a writer who said Trump defamed her in 2019 by denying he raped her in the mid-1990s.Cohen also let Smartmatic sue anchor Maria Bartiromo and former anchor Lou Dobbs and pursue some claims against former Trump lawyer and on-air guest Rudy Giuliani.
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