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      Voting equipment company Smartmatic settles defamation lawsuit with far-right network

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      The voting equipment company Smartmatic has agreed to settle a defamation lawsuit with the far-right One America News Network (OAN) over lies broadcast on the network about the 2020 election.Erik Connolly, a lawyer for Smartmatic, confirmed the case had been settled, but said the details were confidential. Attorneys for Smartmatic and OAN notified a federal judge in Washington on Tuesday that they were agreeing to dismiss the case, which Smartmatic filed in 2021.Smartmatic sued OAN in November 2021, saying the relatively small company was a victim of OAN’s “decision to increase its viewership and influence by spreading disinformation”. Smartmatic was only involved in the 2020 election in a single US county, Los Angeles, but OAN repeatedly broadcast false claims that its equipment had flipped the election for Biden. Trump allies Rudy Giuliani and Sidney Powell played a key role in advancing the outlandish claims.Defamation cases are difficult to win in the US, with plaintiffs having to clear a high bar of showing that defendants knew the information was false and published it anyway. The settlement comes months after OAN lawyers apparently accidentally turned over documents showing that the network had obtained a spreadsheet with Smartmatic employees’ passwords. It’s not clear if the passwords were authentic, but Smartmatic lawyers said in court filings that the network may have committed a crime.The settlement also means that internal documents from OAN showing how the network weighed and evaluated claims about the 2020 election will not become public. Before the voting equipment company Dominion reached a $787.5m settlement with Fox last year, those kinds of internal documents offered smoking gun evidence that key personnel at Fox knew election claims were false.The settlement is the latest development in a series of defamation cases that have sought to hold media outlets accountable for spreading false information about the 2020 election. In 2022, OAN settled a defamation case brought by Ruby Freeman and Shaye Moss, two Atlanta election workers it falsely claimed were involved in stealing the election. The network issued an on-air report saying there was “no widespread voter fraud” by Georgia election officials and clarifying that Freeman and Moss “did not engage in ballot fraud or criminal misconduct”.Smartmatic still has a pending $2.7bn defamation lawsuit against Fox.Earlier this month, a Delaware judge set a September trial date for Smartmatic’s defamation case against Newsmax. Both Smartmatic and Dominion also have ongoing defamation cases against Powell, Giuliani and Mike Lindell.skip past newsletter promotionafter newsletter promotionLegal scholars are carefully watching the cases to see whether defamation law can be an effective tool in curbing misinformation. More

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      in Elections

      Rusty Foster Tracks Media Gossip From an Island in Maine

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      In a time when the headlines are dominated by wars and a divisive presidential campaign, the magazine-world rivalry between The Atlantic and The New Yorker doesn’t amount to much.So you might have missed it when, on April 2, The Atlantic beat The New Yorker in three big categories at the 2024 National Magazine Awards.But to Rusty Foster, who chronicles the media industry and internet culture in his daily newsletter, Today in Tabs, The Atlantic’s victory was big news.Shortly after the awards ceremony, which took place at Terminal 5 in Manhattan, Mr. Foster tapped out a fanciful report for his audience of media obsessives. Under the headline “Shutout at the TK Corral,” he wrote that David Remnick, the editor of The New Yorker, “solemnly folded up and ate each of his prepared speeches as he watched The Atlantic win every category.”Mr. Foster then turned his attention to Anna Wintour, the editorial director of Condé Nast, the publishing giant that owns The New Yorker, Vogue and other publications, writing that she “donned an emergency second pair of sunglasses” in reaction to the company’s poor showing.A surprising thing about Today in Tabs — which has a knowing, satirical tone that has made it an enduring hit among media insiders — is that Mr. Foster writes it from the bucolic setting of Peaks Island, Maine, which is where he was when the National Magazines Awards ceremony took place.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      in US Politics

      US news organizations urge Biden and Trump to agree to TV election debates

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      Twelve US news organizations are urging Joe Biden and Donald Trump to agree to TV debates ahead of the November presidential vote, a typical feature of an election year and one that can sometimes play a crucial role.“If there is one thing Americans can agree on during this polarized time, it is that the stakes of this election are exceptionally high,” the organizations including ABC, CBS, CNN, Fox News, PBS, NBC, NPR and the Associated Press said in a statement.“Amidst that backdrop, there is simply no substitute for the candidates debating with each other, and before the American people, their visions for the future of our nation,” they added.But the two major candidates have so far resisted debating rival candidates from their own parties, with Trump refusing to participate against the former South Carolina governor Nikki Haley and others, and Biden resisting calls to set foot on a TV stage with rival Democratic candidates, who have since abandoned their electoral efforts to challenge him in the party.The news organizations said it was not too early for each campaign to say publicly that it will participate in the three presidential and one vice-presidential TV showdowns set by the nonpartisan Commission on Presidential Debates.In 2020, Biden and Trump debated twice, with a third debate canceled after then-president Trump tested positive for Covid-19.Last week, the Trump campaign called for presidential debates to be held earlier and more frequently so voters “have a full chance” to see the candidates in action. Trump campaign managers have argued that by the time of the first scheduled debate, on 16 September, more than 1 million Americans will likely have already voted, with more than 8.7 million voting by the third debate, penciled in for 9 October.Trump has said he is willing to go head-to-head with Biden “anytime, anyplace and anywhere”, starting “now”. But Biden has been uncommitted to any debate so far, saying last month: “it depends on [Trump’s] behavior.” More

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      Polls show Trump winning key swing states. That’s partly a failure of the press | Margaret Sullivan

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      I learned the hard way to be skeptical about the predictive power of public opinion polls.I remember election night 2016 all too well, as I hit delete on my partially pre-written Washington Post column and instead tried to look into the future of a Trump presidency. It was a future that wasn’t supposed to happen.An entire nation of journalists was doing much the same. Not everyone, but a whole lot of us.Given that searing memory, I reacted to the recent much-trumpeted Wall Street Journal poll about the 2024 presidential race with, well, not exactly a shrug, but not a primal scream either.That was the poll that said Donald Trump is leading Joe Biden in six of seven crucial battleground states, the very ones most likely to determine who gets elected in November. The former president is ahead, according to the Journal’s poll, in Pennsylvania, Michigan, Nevada, Arizona, Georgia and North Carolina; the two candidates are tied in Wisconsin.That doesn’t mean anything definitive seven months away from the election. Yet – as someone who thinks another four years of Trump would be a disaster – I believe there’s something to be learned here.Rather than dismiss these findings, think about what they tell us, even if they do so imperfectly and even if they lack any real predictive power.One of the things these numbers suggest is that the journalists are not getting the truth across to citizens on some key points (or if they are, that truth is being ignored).The poll respondents claim that one of their big concerns is the economy. If that’s the case, they should be happy with Biden. Among the factors: low inflation, significant growth and low unemployment. Paul Krugman, the Nobel laureate economist, wrote recently: “The economic news in 2023 was almost miraculously good.” (Even the cost of a classic Thanksgiving dinner, he notes, was down 4.5% last year.)If the economy is that strong and that important to voters – and if Biden can take at least some of the credit – why isn’t it coming across? That’s something for the Biden campaign, primarily; but it’s also something for media people since journalists are supposed to be communicating information so that citizens can vote with knowledge. That should be a higher priority than generating profits, ratings and clicks, but one eventually despairs that it ever will be.Another major voter concern, of course, is Biden’s age. He’s 81; Trump will be 78 in June. They’re both old; both have memory gaps and both exhibit confusion at times.Only one of them, however, talks about some migrants as “animals” or predicts a “bloodbath” for the country if he loses. Only one is facing dozens of charges related to crimes including trying to overturn a legitimate election. Only one has promised to be a dictator on day one of his presidency and only one has allies that are meticulously plotting a radical revamping of how America works.A fine Associated Press story carried the headline, “Trump’s plans if he returns to the White House include deportation raids, tariffs and mass firings.” The story notes that the ideas are extreme and the groundwork determined. “Some of his current ideas would probably end up in court or impeded by Congress,” it said. “But Trump’s campaign and allied groups are assembling policy books with detailed plans.”Poll respondents also claim to be deeply concerned about the state of democracy in America.They should be, of course, but what they mean by that differs widely. Do they know as much about Trump’s authoritarian blueprints as they do about how Biden walks these days with a stiffer gait?I’m not quite as dismissive as the media critic Mark Jacob, who scoffed that there’s “only one poll that matters. It’s seven months from now. The rest is just empty calories filling airtime.”And I do take seriously the analysis by Josh Marshall of Talking Points Memo, who looked at the Journal poll and several others, comparing them with earlier ones, and concluding that Biden is making slow, uneven progress.That progress, Marshall thinks, may accelerate as more Americans realize that, like it or not, these two candidates are the actual choices. No Nikki Haley or Gretchen Whitmer is waiting in the wings.Polls can’t predict. But they can warn. And maybe a red-alert warning is what low-information Americans – and our horserace-obsessed media – need most of all.
      Margaret Sullivan is a Guardian US columnist writing on media, politics and culture More

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      in Elections

      Deal Talks Between Paramount and Skydance Heat Up

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      David Ellison, the founder of the Skydance media company, met with Paramount’s board of directors late last month to discuss the deal.Shari Redstone is getting one step closer to selling her media empire.Paramount, home to one of Hollywood’s most storied movie studios as well as CBS and cable networks like Nickelodeon, has been discussing entering into exclusive talks with the media company Skydance for a potential deal, according to four people with knowledge of the discussions. Moving to exclusive talks would be a significant step forward in a process that has been shrouded in uncertainty for months.Whether the two sides will agree to exclusivity remains to be seen, especially with other investors still pursuing Paramount. Apollo Global Management, an investment firm with more than $500 billion under management, has submitted an $11 billion offer to acquire the Paramount movie studio. Paramount’s board of directors, though, is seeking a deal for the entire company — including its cable channels and CBS — rather than pieces.Apollo continues to evaluate what proposal might most appeal to the company’s board, two people familiar with the situation said. Byron Allen, whose Entertainment Studios owns the Weather Channel, has also expressed interest in acquiring Paramount.Ms. Redstone, the controlling shareholder of Paramount, began negotiating with Skydance to sell her stake in the company last year. She controls Paramount through National Amusements, a holding company that owns her voting stock in Paramount. Ms. Redstone has held off on a sale for years, betting that the company’s fortunes would improve as its flagship streaming service, Paramount+, gained momentum.The terms of the deal being discussed would involve Skydance’s buying National Amusements and merging with Paramount. That deal hinges on approval from Paramount’s board, which has for weeks been weighing its options with the help of advisers.Late last month, David Ellison, the tech scion who founded Skydance, met with Paramount’s board committee to discuss his vision for a deal, according to two of the people familiar with the talks. Founded in 2010, Skydance is best known for shepherding blockbusters for Paramount, including movies in the “Mission: Impossible” and “Top Gun” franchises.Representatives for Paramount and Skydance declined to comment, and the financial terms of the deal couldn’t be learned.Paramount’s stock has fallen 18 percent since the start of the year amid headwinds for the media industry. The company is trading at a steep discount to the combined value of Viacom and CBS, which merged to form Paramount in 2019. Paramount+ is still losing money, but its losses have slowed and it continues to add subscribers.The ratings agency S&P Global downgraded Paramount’s debt to junk last week, citing “accelerating declines” in its traditional television business and continued uncertainty in its push toward streaming. Some analysts said that ratings action might make Paramount easier to acquire, since it could circumnavigate a provision that would require a buyer to immediately pay the company’s debt. More

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      Can NBC News recover from its damaging decision to hire Ronna McDaniel? | Margaret Sullivan

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      As boneheaded corporate decisions go, the one by NBC News to bring on Ronna McDaniel as a paid contributor is right up there.Whatever twisted purpose hiring the former Republican National Committee (RNC) chairperson was meant to accomplish has been lost. That may have been gaining access to Republican bigwigs, sending a cynical message of ideological diversity or boosting ratings.Instead, the network has badly damaged its reputation and credibility. The hire makes a statement that, for this major US news organization, there are no consequences – rather, a juicy reward – for public figures who continually lie to the press and citizens. Her contract is reportedly worth $300,000.Hiring McDaniel – a powerful election denialist who joined then president Donald Trump in pressuring voting officials not to certify the 2020 election – was like putting a standing chyron on the NBC Nightly News: “Lying is rewarded here.”Of course, some commentators defended it, like Republican pollster Frank Luntz, who praised McDaniel’s “insider’s perspective”. He was shot down on Twitter/X by the scholar Norman Ornstein: “This is not about somebody with alternative views. It’s about a serial liar who intimidated election workers, tried to alter the election results in 2020 and has behaved in an utterly despicable fashion.”Social media memes also rose to the moment: Ronna McDaniel as politics commentator? Why not bring in OJ Simpson to host a show on preventing domestic violence, or hire Vladimir Putin as a Ukraine war commentator? How about a regular show for Ginni Thomas, the insurrection cheerleader married to a corrupt US supreme court justice?After four days of embarrassing news stories about the hire and its backlash, and some feeble efforts at damage control, it’s clear that the network should reverse course and ditch McDaniel or – depending on the terms of her contract – keep her entirely off the air. And that goes not just for the left-leaning MSNBC cable channel, but for the mainstream NBC News shows as well.And that’s not enough.The brass at NBC News needs to take stronger action in a statement – and a brief televised appearance by a top network executive or news leader – that affirms the commitment to covering politics truthfully and rigorously. It could appear once at the top of the nightly news and once on, let’s say, Morning Joe and Meet the Press.Then, go further. Prove that commitment in the network’s presidential campaign coverage. How? By using extreme care in giving a platform and a megaphone to proven liars, including the former president, and by providing sustained coverage about the stakes of the election, not just the horserace.Kristen Welker made a good start on Sunday’s Meet the Press, which she hosts. In a news interview recorded weeks before McDaniels’ hire, Welker respectfully but tenaciously grilled the former RNC chair.Insisting that she hasn’t really changed, McDaniel told Welker that she now acknowledges that Joe Biden won the election fair and square. Welker – perhaps channelling one of her predecessors, Tim Russert – wisely went to the tape, specifically McDaniel’s words to Chris Wallace in 2023: “I don’t think he won it fair.”McDaniel infamously joined Trump in a phone call pressuring two Michigan canvassers not to certify the election results; and her RNC led the charge to censure Republican members of Congress Liz Cheney and Adam Kinzinger for participating in the House of Representatives January 6 investigation. All while disparaging the media.skip past newsletter promotionafter newsletter promotionAs Chuck Todd of NBC put it: “Many of our professional dealings with the RNC over the last six years have been met with gaslighting, have been met with character assassination.”Todd, on Sunday’s Meet the Press, said he thought NBC owed Welker an apology for putting her in an impossible position. And Mark Jacob, a former Chicago Tribune editor, called in his newsletter, Stop the Presses, for the network to apologize to the public.These apologies would be welcome, but the main thing is to acknowledge the error in judgment and make sure that no habitual liars or enemies of democracy – whether paid or unpaid – get to blather their way to November’s election.Truth-telling in the media always matters. It matters intensely right now, as American democracy teeters on the brink.NBC should affirm that core mission. In so doing, the network could earn itself a lot of goodwill and recover from this blunder. All while doing the right thing.After all, it’s one thing to screw up. It’s another to dig your heels in.
      Margaret Sullivan is a Guardian US columnist writing on media, politics and culture More

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      in US Politics

      ‘Pretty bad’: NBC condemned by top US historian over role for Ronna McDaniel

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      The Republican National Committee chair turned NBC politics analyst Ronna McDaniel “tried to disassemble our democracy” by supporting Donald Trump’s electoral fraud lies and should not be given such a media role, a leading historian said amid uproar over the appointment.“What NBC has done is they’ve invited into what should be a normal framework someone who doesn’t believe that framework should exist at all,” Timothy Snyder, a Yale professor and author of On Tyranny, told MSNBC, part of the network now employing McDaniel.On Friday, NBC announced it had hired the former RNC chair and the network’s senior vice-president for politics, Carrie Budoff Brown, said that McDaniel would contribute her analysis “across all NBC News platforms”.“What NBC has done of its own volition is bring into a very important conversation about democracy, one which is going to take place for the next seven months or so, someone who … tried to disassemble our democracy. Who personally took part in an attempt to undo the American system,” Synder said.“And so … what NBC is doing is saying, ‘Well, [it] could be that in ‘24 our entire system will break down. Could be we’ll have an authoritarian leader. Oh, but look, we’ve made this adjustment in advance because we’ve brought into the middle of NBC somebody who has already taken part in an attempt to take our system down.’“So, yeah, I think this is pretty bad.”On Sunday, days after joining the network, McDaniel said on the Meet the Press that Biden won “fair and square” and said she did “not think violence should be in our political discourse”.But McDaniel also claimed it was “fair to say there were problems [elections in battleground states] in 2020” and said she had supported Trump’s election fraud lies as a way of “taking one for the whole team” .That stoked an on-air protest from Chuck Todd, a former Meet the Press host. On Monday, MSNBC hosts including Joe Scarborough, Mika Brzezinski and Nicole Wallace, to whom Snyder spoke, also condemned the McDaniel hire. The day also saw a protest from a union group representing NBC News staff.McDaniel and NBC did not comment.Snyder, who has written for the Guardian, said: “If you are going to be on American media, you should be somebody who believes there is something called truth, there are things called facts and you can pursue them. You shouldn’t be someone who has over and over and over again pushed the idea of fake news, educated Americans away from the facts, away from belief in the facts.”Describing such work by McDaniel, the anti-Trump conservative ex-congresswoman Liz Cheney said that as RNC chair, McDaniel “facilitated Trump’s corrupt fake elector plot and his effort to pressure Michigan officials not to certify the legitimate election outcome. She spread his lies and called January 6 ‘legitimate political discourse’. That’s not ‘taking one for the team’. It’s enabling criminality and depravity.”McDaniel became RNC chair in January 2017. In that role, she defended Trump through his scandal-ridden presidency; his refusal to accept his 2020 defeat by Joe Biden, culminating in his incitement of the deadly January 6 attack on Congress; and through his surge to another presidential nomination despite facing 88 criminal charges and multimillion-dollar civil penalties and regularly admitting to authoritarian ambitions.Despite such support, Trump last month pushed McDaniel out of the RNC, to be replaced by his daughter-in-law, Lara Trump.Snyder said: “If we’re going to be putting people on the news who have participated in an attempt to overthrow the system, then we have to ask at the very beginning, ‘Why did you do that? Why is that legitimate?’ And we have to ask ourselves, ‘Why is it that we are taking this step to bring people into the middle of our discussion?’“So my two red lines are, you should be somebody who’s at least trying for the facts, and you shouldn’t be somebody who has taken part in an attempt to undo the system, which is what we’re talking about here. We shouldn’t mince words about it.” More

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      in US Politics

      America’s ‘news deserts’ and what it means for democracy – podcast

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      In the run-up to this year’s election, President Joe Biden has warned that American democracy is at stake. But when it comes to the democratic process of an entire nation, might the solution be local?
      In an age of declining print media, losses of local newspapers and journalists are creating ‘news deserts’: areas bereft of a local paper. But does this matter, or is local news just a collection of obituaries and classifieds? Especially when rolling news coverage can be found online?
      This week, Joan Greve speaks to the journalist and local news campaigner Steven Waldman, who argues that in an election year of increasing polarisation, we need local news more than ever. They will discuss why local journalism is a fundamental part of building communication, scrutiny and trust – and what can be done to save it

      How to listen to podcasts: everything you need to know More