Right-wing cable channel Newsmax defamed Dominion Voting Systems by falsely reporting that the company was involved in rigging the 2020 presidential election, a Delaware judge ruled Wednesday.
Damages will be decided by a jury in a trial that will begin April 28 unless a settlement is reached. Dominion is seeking $1.6 billion. The jury has to determine if Newsmax acted with actual malice.
The ruling from Judge Eric B. Davis comes the week after Boca Raton, Fla.-based Newsmax began trading as a public company.
The stock — which surged to over $220 in its first few days of trading — is currently at $34 a share, dropping 11% on a day when the broader market surged following President Trump’s announcement that he was pausing most of his proposed tariffs.
Newsmax was among the channels presenting false claims by President Trump’s allies and supporters that Dominion, a provider of vote-counting machines and software, was created in Venezuela to rig elections for the late leader Hugo Chavez and that it has the ability to switch votes.
There was no evidence of massive voter fraud in 2020 election won by Joe Biden. Dominion’s software and machines were not used in the 2020 election outside of Los Angeles County.
Newsmax argued that its 2020 election coverage was based on allegations that were made by the president, his advisors and members of Congress, and were therefore newsworthy. The judge disagreed.
“Newsmax covered both sides of the 2020 election dispute fairly. At no time did it defame Dominion,” a representative for the network said in a statement. “This case represents a serious threat to free speech and a free press and Newsmax will defend itself vigorously at trial.”
Fox News was sued by Dominion on similar grounds. Rupert Murdoch’s network settled the case for $787.5 million shortly after a jury was chosen for the trial.
Dominion is also suing One America News, a San Diego-based conservative outlet.
Newsmax paid around $40 million to settle a defamation suit from Smartmatic, another voting equipment company subjected to false reporting in the period after the 2020 election. Smartmatic is also in litigation with Fox News for its reporting on the company.