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    Smartmatic says disinformation on Fox News about the election was ‘no accident.’

    The election technology company Smartmatic pushed back on Monday against Fox News’s argument that it had covered the aftermath of the 2020 presidential election responsibly, stating that Fox anchors had played along as guests pushed election-related conspiracy theories.“The First Amendment does not provide the Fox defendants a get-out-of-jail-free card,” Smartmatic’s lawyer, J. Erik Connolly, wrote in a brief filed in New York State Supreme Court. “The Fox defendants do not get a do-over with their reporting now that they have been sued.”The brief came in response to motions filed by Fox Corporation and three current and former Fox hosts — Maria Bartiromo, Jeanine Pirro and Lou Dobbs — to dismiss a Smartmatic lawsuit accusing them of defamation.Smartmatic and another company, Dominion Voting Systems, became the focus of baseless conspiracy theories after the Nov. 4 election that they had manipulated vote totals in contested states. Those conspiracy theories were pushed by Rudolph W. Giuliani and Sidney Powell, serving as personal lawyers to former President Donald J. Trump, on Fox News, Mr. Trump’s longtime network of choice. Smartmatic, which says that the conspiracy theories destroyed its reputation and its business, provided election technology in only one county during the election.Last month, Dominion also sued Fox News. Together, the two suits represent a billion-dollar challenge to the Fox empire, which, after Smartmatic filed its lawsuit, canceled the Fox Business program hosted by Mr. Dobbs.“The filing only confirms our view that the suit is meritless and Fox News covered the election in the highest tradition of the First Amendment,” the network said in a statement late Monday.Fox’s motion, as well as those of its anchors, argued that the mentions of Smartmatic were part of its reporting on a newsworthy event that it was duty-bound to cover: A president’s refusal to concede an election and his insistence that his opponent’s victory was not legitimate.But the response Smartmatic filed on Monday, which runs for 120 pages, said that argument amounted to wishful thinking and that Fox had not covered the claims about Smartmatic objectively or fairly.“The Fox defendants wedded themselves to Giuliani and Powell during their programs,” the brief said. “They cannot distance themselves now.”Fox will have several weeks to respond to the brief, and a judge will eventually consider whether to allow Smartmatic’s case to proceed. More

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    I Used to Think the Remedy for Bad Speech Was More Speech. Not Anymore.

    I used to believe that the remedy for bad speech is more speech. Now that seems archaic. Just as the founders never envisioned how the right of a well-regulated militia to own slow-loading muskets could apply to mass murderers with bullet-spewing military-style semiautomatic rifles, they could not have foreseen speech so twisted to malevolent intent as it is now.Cyber-libertarianism, the ethos of the internet with roots in 18th-century debate about the free market of ideas, has failed us miserably. Well after the pandemic is over, the infodemic will rage on — so long as it pays to lie, distort and misinform.Just recently, we saw the malignancies of our premier freedoms on display in the mass shooting in Boulder, Colo. At the center of the horror was a deeply disturbed man with a gun created for war, with the capacity to kill large numbers of humans, quickly. Within hours of the slaughter at the supermarket, a Facebook account with about 60,000 followers wrote that the shooting was fake — a so-called false flag, meant to cast blame on the wrong person.So it goes. Toxic misinformation, like AR-15-style weapons in the hands of men bent on murder, is just something we’re supposed to live with in a free society. But there are three things we could do now to clean up the river of falsities poisoning our democracy.First, teach your parents well. Facebook users over the age of 65 are far more likely to post articles from fake news sites than people under the age of 30, according to multiple studies.Certainly, the “I don’t know it for a fact, I just know it’s true” sentiment, as the Bill Maher segment has it, is not limited to seniors. But too many older people lack the skills to detect a viral falsity.That’s where the kids come in. March 18 was “MisinfoDay” in many Washington State high schools. On that day, students were taught how to spot a lie — training they could share with their parents and grandparents.Media literacy classes have been around for a while. No one should graduate from high school without being equipped with the tools to recognize bogus information. It’s like elementary civics. By extension, we should encourage the informed young to pass this on to their misinformed elders.Second, sue. What finally made the misinformation merchants on television and the web close the spigot on the Big Lie about the election were lawsuits seeking billions. Dominion Voting Systems and Smartmatic, two election technology companies, sued Fox News and others, claiming defamation.“Lies have consequences,” Dominion’s lawyers wrote in their complaint. “Fox sold a false story of election fraud in order to serve its own commercial purposes, severely injuring Dominion in the process.”In response to the Smartmatic suit, Fox said, “This lawsuit strikes at the heart of the news media’s First Amendment mission to inform on matters of public concern.” No, it doesn’t. There is no “mission” to misinform.The fraudsters didn’t even pretend they weren’t peddling lies. Sidney Powell, the lawyer who was one of the loudest promoters of the falsehood that Donald Trump won the election, was named in a Dominion lawsuit. “No reasonable person would conclude that the statements were truly statements of fact,” her lawyers wrote, absurdly, of her deception.Tell that to the majority of Republican voters who said they believed the election was stolen. They didn’t see the wink when Powell went on Fox and Newsmax to claim a massive voter fraud scheme.Dominion should sue Trump, the man at the top of the falsity food chain. The ex-president has shown he will repeat a lie over and over until it hurts him financially. That’s how the system works. And the bar for a successful libel suit, it should be noted, is very high.Finally, we need to dis-incentivize social media giants from spreading misinformation. This means striking at the algorithms that drive traffic — the lines of code that push people down rabbit holes of unreality.The Capitol Hill riot on Jan. 6 might not have happened without the platforms that spread false information, while fattening the fortunes of social media giants.“The last few years have proven that the more outrageous and extremist content social media platforms promote, the more engagement and advertising dollars they rake in,” said Representative Frank Pallone Jr., chairman of the House committee that recently questioned big tech chief executives.Taking away their legal shield — Section 230 of the Communications Decency Act — is the strongest threat out there. Sure, removing social media’s immunity from the untruthful things said on their platforms could mean the end of the internet as we know it. True. But that’s not necessarily a bad thing.So far, the threat has been mostly idle — all talk. At the least, lawmakers could more effectively use this leverage to force social media giants to redo their recommendation algorithms, making bogus information less likely to spread. When YouTube took such a step, promotion of conspiracy theories decreased significantly, according to researchers at the University of California, Berkeley, who published their findings in March 2020.Republicans may resist most of the above. Lies help them stay in power, and a misinformed public is good for their legislative agenda. They’re currently pushing a wave of voter suppression laws to fix a problem that doesn’t exist.I still believe the truth may set us free. But it has little chance of surviving amid the babble of orchestrated mendacity.Timothy Egan (@nytegan) is a contributing opinion writer who covers the environment, the American West and politics. He is a winner of the National Book Award and author, most recently, of “A Pilgrimage to Eternity.”The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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    Fox Files Motion to Dismiss Smartmatic’s $2.7 Billion Lawsuit

    AdvertisementContinue reading the main storySupported byContinue reading the main storyFox Files Motion to Dismiss Smartmatic’s $2.7 Billion Defamation SuitIn a court filing, Rupert Murdoch’s media company says it had the right to broadcast the debunked claims of election fraud promoted by President Donald Trump’s legal team on Fox News and Fox Business.The Manhattan headquarters for Rupert Murdoch’s American media companies Fox Corporation, home of Fox News and Fox Business, and News Corp.Credit…Drew Angerer/Getty ImagesMichael M. Grynbaum and Feb. 8, 2021Rupert Murdoch’s Fox Corporation on Monday filed a motion to dismiss the $2.7 billion defamation lawsuit brought against it last week by the election technology company Smartmatic, which has accused Mr. Murdoch’s cable networks and three Fox anchors of spreading falsehoods that the company tried to rig the presidential race against Donald J. Trump.The lawsuit has roiled right-wing news media outlets whose star personalities repeatedly cast doubt on Joseph R. Biden Jr.’s victory in the wake of the election and raised the specter of a significant financial penalty for Fox. On Friday, the day after the lawsuit was filed, Fox canceled the nightly Fox Business program hosted by Lou Dobbs, who is named in the suit along with the Fox anchors Maria Bartiromo and Jeanine Pirro.In its 44-page response filed in New York State Supreme Court, Fox argues that the claims of electoral fraud made on its channels by Mr. Trump’s lawyers — including Rudolph W. Giuliani and Sidney Powell, who are also named in the defamation suit — were matters of significant interest to viewers and handled fairly.“This lawsuit strikes at the heart of the news media’s First Amendment mission to inform on matters of public concern,” Fox says in the motion, adding, “An attempt by a sitting president to challenge the result of an election is objectively newsworthy.”Paul D. Clement, a partner in the Washington office of the law firm Kirkland & Ellis who served as solicitor general under President George W. Bush, is leading Fox’s defense. “Smartmatic’s theory is fundamentally incompatible with the reality of the modern news network and deeply rooted principles of free speech law,” Mr. Clement said in a statement.A spokesman for Smartmatic did not immediately reply to a request for comment.“It’s a strong move on their part to try to come out and dismiss the claim,” said Timothy Zick, a professor at William & Mary Law School who specializes in First Amendment law.Mr. Zick said that Fox was making use of the concept of “neutral reportage,” arguing that it could not be sued for defamation while covering the news. “They’re arguing that shields Fox News as an organization for simply reporting on the controversy, which is a matter of public interest,” he said.A key to Fox’s defense is the argument that it cannot be held responsible for statements made on its programs by Mr. Giuliani and Ms. Powell, given their roles as Mr. Trump’s legal representatives.“The public had a right to know, and Fox had a right to cover, that the president and his allies were accusing Smartmatic (and others) of manipulating the election results, regardless of the ultimate truth or accuracy of those allegations,” the motion reads. It also asserts that Smartmatic’s suit does not identify defamatory statements by television hosts employed by Mr. Murdoch’s company.Fox also argues that Smartmatic should be considered a public figure. That argument, which is likely to be contested by the tech company, means that Smartmatic must meet a high bar to prove that it was defamed: demonstrating that the defendants knew their statements were false, or at least had serious doubts about them.Smartmatic’s 276-page lawsuit alleges that Mr. Trump’s lawyers used Fox’s platform, and its sympathetic anchors, to spin conspiracies about the company that damaged its reputation and commercial prospects. The suit has been applauded by those seeking to curb the flow of disinformation from right-wing news outlets, but it has also raised questions about the limits of speech in a changing media landscape.Fox’s argument in its motion — that it provided a forum for newsworthy interviews — may cut into the conceptual heart of Smartmatic’s case, which groups Fox, its hosts and their guests as defendants who collaborated to spread falsehoods.The defamation lawsuit cites exchanges on Fox programs that, Smartmatic said, helped spread the false claim that it was the owner of a rival election tech company, Dominion Voting System, and that it provided its services to districts in multiple contested states. In fact, Smartmatic was used in the 2020 election only by Los Angeles County.And Smartmatic offers vivid examples of Fox programming that spread bizarre falsehoods, like a claim by Ms. Powell made on Mr. Dobbs’s show that the former president of Venezuela, Hugo Chávez, had assisted the company in creating software that could covertly alter votes. (Mr. Chávez died in 2013 and had nothing to do with Smartmatic.)In other exchanges cited by Smartmatic, Fox anchors alternately expressed support and astonishment as Mr. Giuliani and Ms. Powell spun out their claims. In one case, a phrase used by Ms. Powell — “cyber Pearl Harbor” — was later invoked by Mr. Dobbs on his show and on social media.Fox’s response on Monday included a 14-page appendix under the title “Fox’s Evenhanded Coverage of Smartmatic,” documenting instances from Fox News and Fox Business that the company believes showed skepticism toward the Trump team’s claims.Among the examples are three identical, pretaped fact-checking segments that ran in mid-December on programs hosted by Ms. Bartiromo, Mr. Dobbs and Ms. Pirro and that featured Eddie Perez, an election expert who debunked a number of false claims about Smartmatic.The segments were broadcast after Smartmatic sent a letter to Fox demanding retractions and threatening legal action.AdvertisementContinue reading the main story More

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    Four falsehoods Giuliani spread about Dominion.

    AdvertisementContinue reading the main storyTracking Viral MisinformationFour falsehoods Giuliani spread about Dominion.Jan. 25, 2021, 4:35 p.m. ETJan. 25, 2021, 4:35 p.m. ETRudolph W. Giuliani worked for weeks after the November election in an attempt to subvert its outcome.Credit…Erin Schaff/The New York TimesDominion Voting Systems, one of the largest voting machine vendors in the United States, filed a defamation lawsuit against Rudolph W. Giuliani on Monday, accusing him of spreading a litany of falsehoods about the company in his efforts on behalf of former President Donald J. Trump to subvert the election.The lawsuit chronicles more than 50 inaccurate statements made by Mr. Giuliani in the weeks after the election, and issues a point-by-point rebuttal of each falsehood. Here are four of the most common false statements Mr. Giuliani made about Dominion Voting Systems.1. The Company’s OriginMr. Giuliani regularly stated, falsely, that Dominion “really is a Venezuelan company” and that it “depends completely on the software of Smartmatic,” a company “developed in about 2004, 2005 to help Chavez steal elections.”As Dominion writes in its lawsuit: “Dominion was not founded in Venezuela to fix elections for Hugo Chávez. It was founded in 2002 in John Poulos’s basement in Toronto to help blind people vote on paper ballots.” The suit later adds that the headquarters for the company’s United States subsidiary are in Denver.2. Programming VotesAnother often-repeated claim was that Dominion had programmed its machines to flip votes: “In other words when you pressed down Biden, you got Trump, and when you pressed down Trump you got Biden.”This has been proved false by numerous government and law enforcement officials, including former Attorney General William P. Barr, who said in December: “There’s been one assertion that would be systemic fraud, and that would be the claim that machines were programmed essentially to skew the election results. And the D.H.S. and D.O.J. have looked into that, and so far, we haven’t seen anything to substantiate that.”Business & EconomyLatest UpdatesUpdated Jan. 25, 2021, 6:32 p.m. ETJanet Yellen is confirmed as Treasury secretary.Grindr is fined $11.7 million under European privacy law.Biden’s Treasury will seek to put Harriet Tubman on the $20 bill, an effort the Trump administration halted.Similarly, a joint statement by numerous government and elections officials and agencies, including the National Association of State Election Directors, the National Association of Secretaries of State, and the Cybersecurity and Infrastructure Security Agency, stated that there was “no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised.”The hand recount in Georgia also affirmed that the machine recounts were accurate in that state.3. Antrim County, Mich.Mr. Giuliani zeroed in on Antrim County, Mich., falsely claiming that a “Dominion machine flipped 6,000 votes from Trump to Biden” there, and that machines in the county were “62 percent inaccurate,” had a “68 percent error rate” and had an “81.9 percent rejection rate.”Mr. Giuliani’s focus on Antrim County stems from human errors made by the county clerk on election night. According to the lawsuit, the clerk “mistakenly failed to update all of the voting machines’ tabulator memory cards.” But the suit says that “her mistakes were promptly caught as part of the normal canvass process before the election result was made official.” The Michigan secretary of state’s office also conducted a hand audit of all presidential votes in Antrim County that found the machines were accurate.4. A Problematic ExpertMr. Giuliani claimed that his accusations, particularly in Antrim County, were backed up by experts. But he largely relied on one man, Russell Ramsland Jr., a former Republican congressional candidate from Texas, who, according to the lawsuit filed by Dominion, had also publicly favored false conspiracy theories.Dominion spent more than five pages on Mr. Ramsland’s lack of credentials to properly examine equipment, noting that he had a “fundamental misunderstanding of election software.” The suit also quotes the former acting director of the U.S. Election Assistance Commission Voting System Testing and Certification program, saying the report produced by Mr. Ramsland “showed a ‘grave misunderstanding’ of Antrim County’s voting system and ‘a lack of knowledge of election technology and process.’”AdvertisementContinue reading the main story More