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      Newsmax Debate Lends N.Y. Governor’s Race a Far-Right Glow

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      The four Republican candidates for governor of New York faced off in their third and final debate before the June 28 primary.The four Republican candidates for governor of New York made their closing pitch to voters on Tuesday night, voicing devotion to President Trump and his policies, disdain for gun control and abortion, and worries about crime and immigration. The debate, at Kodak Center in Rochester, N.Y., was hosted by Newsmax, a network known for amplifying the Republican Party’s rightward tilt, and represented the third and final clash between the quartet of conservatives vying to unseat Gov. Kathy Hochul, the incumbent Democrat who is expected to win her own primary on June 28.And as was fitting for its host, the candidates spent much of the debate playing to the party’s base, as well as taking shots at the Democratic incumbent.“Kathy Hochul is going to get fired,” said Representative Lee M. Zeldin, a four-term congressman from Long Island, who was chosen as his party’s designee at a party convention earlier this year. “I’m looking forward to removing her from this office.”Mr. Zeldin, the putative front-runner in a race with little definitive polling, was joined by Rob Astorino, the former Westchester County executive making his second run for governor; Andrew Giuliani, the son of the former New York City mayor Rudolph W. Giuliani; and Harry Wilson, a corporate turnaround specialist.In the first two Republican debates, hosted by networks in New York City, Mr. Giuliani was required to participate from a separate location, because he was unvaccinated, something he says comports with his general disdain for government mandates, a sentiment echoed by the other candidates, despite the lifting of many pertaining to Covid.But on Tuesday, he was welcomed into the fray, smiling in front of a live audience, which openly cheered and jeered the candidates.A Guide to New York’s 2022 Primary ElectionsAs prominent Democratic officials seek to defend their records, Republicans see opportunities to make inroads in general election races.Governor’s Race: Gov. Kathy Hochul, the incumbent, will face off against Jumaane Williams and Tom Suozzi in a Democratic primary on June 28.Adams’s Endorsement: The New York City mayor gave Ms. Hochul a valuable, if belated, endorsement that could help her shore up support among Black and Latino voters.15 Democrats, 1 Seat: A Trump prosecutor. An ex-congressman. Bill de Blasio. A newly redrawn House district in New York City may be one of the largest and most freewheeling primaries in the nation.Maloney vs. Nadler: The new congressional lines have put the two stalwart Manhattan Democrats on a collision course in the Aug. 23 primary.Offensive Remarks: Carl P. Paladino, a Republican running for a House seat in Western New York, recently drew backlash for praising Adolf Hitler in an interview dating back to 2021.“It’s nice to be with you in person,” he said.Mr. Giuliani, 36, has tried to position himself as the race’s most right-wing candidate, saying, for instance, on Tuesday that he would “bring morality back to this state” in reference to abortion. He has also professed belief in conspiracy theories that Mr. Trump had won the 2020 election, the outcome of which he called “one of the greatest crimes in American history.”Mr. Giuliani, who is making his first run for public office, worked for four years in the Trump administration and has actively sought the former president’s backing, saying that he uses Mr. Trump and his father as a model for what kind of governor he would be.Mr. Zeldin, once considered a moderate, has also been a staunch supporter of Mr. Trump, though on Monday night he stopped short of saying the election was stolen. On Tuesday, Mr. Zeldin seemed more zealous about Mr. Trump’s legacy, saying he believed that the former president’s border wall should be completed.The debate is the latest sponsored by Newsmax, which has found a niche in conservative circles in the wake of the 2020 election, often by broadcasting baseless theories about the race. The company has since been sued by several companies which make election technologies.The candidates answered questions from the debate moderator, Eric Bolling, a Newsmax host.NewsmaxIn early May, the network was the host of a Republican debate for a U.S. Senate seat in Pennsylvania, moderated by Greta Van Susteren, which included spirited discussion of the drug trade across the nation’s southern border, the perils of “wokeness,” and whether China should pay “reparations for Covid.” (The primary’s winner, the celebrity doctor Mehmet Oz, said yes, as did several others.)The moderator on Tuesday was Eric Bolling, a former Fox News host who has conducted a number of interviews with Mr. Trump, including one on Monday in which the former president said that “so many” of the rioters who ransacked the Capitol on Jan. 6, 2021, were “well-behaved.”In addition to hot-button social issues, Mr. Bolling also asked policy questions about inflation, Medicaid fraud and economic concerns, with Mr. Wilson promising property tax and income tax cuts, something embraced by the other candidates as well.Republicans haven’t won a statewide race in New York in two decades, but are hopeful in a year in which Democrats are facing serious political headwinds, with Ms. Hochul polling poorly on issues like crime and the economy, and waging a low-key campaign thus far.Despite the recent racist massacre at a Buffalo supermarket, about 70 miles to the west of the debate site, none of the candidates supported any new gun control, with Mr. Zeldin saying the state’s gun laws — some of the strongest in the nation — “go too far as is.”Mr. Astorino, who lost in 2014 to the incumbent, Andrew M. Cuomo, has stressed his experience as an executive in Westchester County, describing a state “in chaos” and arguing during the debate that a “leftist agenda” was “coddling criminals.”Mr. Wilson suggested something similar, saying, “the problem is criminals, the mentally ill, and the purveyors of hate,” rather than law-abiding New Yorkers.Likewise, Mr. Wilson has said that New York has been mismanaged, but has conspicuously stayed clear of most social issues; a top official in President Obama’s automotive task force, who says he did not vote for Mr. Trump, Mr. Wilson has sought to find a middle lane in the race, voicing support for abortion rights, for instance.A lawyer and active military reservist, Mr. Zeldin periodically tried to convey a sense of statesmanship in earlier debates, reeling off a series of policy proposals, including allowing fracking in the state and rolling back changes in bail laws that conservatives have successfully used against Democrats in previous elections.At the same time, however, Mr. Wilson and Mr. Zeldin have had a series of fiery exchanges. Monday night in Manhattan, each man called the other a “fraud.”The animus was evident again on Tuesday, with other candidates joining in on attacks, including Mr. Giuliani, who called Mr. Zeldin “a child” and a “flip-flopper” on his support for Mr. Trump.Mr. Zeldin fired back at Mr. Giuliani, too, saying that his claim to fame was famously mugging for the camera during his father’s first inauguration in 1994, and then being mocked on “Saturday Night Live.” He belittled Mr. Giuliani’s time with the Trump administration, describing his duties as “Chick-fil-A runner at the White House.”The debate descended into a fit of cross-talk and bickering after Mr. Bolling asked whether the candidates would commit to endorsing the primary winner, something Mr. Giuliani, Mr. Astorino and Mr. Wilson agreed to.Mr. Zeldin, though, was more circumspect, saying merely that he’d “be supporting the primary winner next Tuesday,” while implying it would be him.Despite the clashes, there were some lighter moments. Mr. Giuliani has been regularly joined by his father on the campaign trail, including on Tuesday in Rochester. He was asked whether he was merely running on his family name, an accusation that also dogged Mr. Cuomo, a Democrat whose father was also governor, and who resigned last August.“People would say, ‘Well, with a famous last name its easy to run in politics,’” Mr. Giuliani said. “I would tell you with a name like Andrew, it’s very difficult to be the leading candidate for governor.” More

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      Much of Smartmatic Case Against Fox News Can Proceed, Judge Rules

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      The $2.7 billion defamation lawsuit against Fox News by the election technology company Smartmatic can move forward, a New York judge ruled on Tuesday. But the judge tossed out Smartmatic’s defamation claims against the Fox News host Jeanine Pirro and a network guest, Sidney Powell.Smartmatic sued Rupert Murdoch’s cable news networks last year, along with several Fox hosts and guests. The lawsuit accused them of damaging the company by promoting a false narrative about the 2020 election: that Smartmatic and other voting systems companies tried to rig the race against President Donald J. Trump. Smartmatic later expanded its legal battle against disinformation to the right-wing media outlets Newsmax and One America News Network.On Tuesday, Justice David B. Cohen of State Supreme Court in Manhattan said in a 61-page ruling that, “at a minimum, Fox News turned a blind eye to a litany of outrageous claims about plaintiffs, unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth.”He added, “At this nascent stage of the litigation, this court finds that plaintiffs have pleaded facts sufficient to allow a jury to infer that Fox News acted with actual malice.”He also declined to dismiss Smartmatic claims against Maria Bartiromo, the Fox Business star, and Lou Dobbs, whose Fox Business show was a frequent clearinghouse for baseless theories of electoral fraud in the weeks after Mr. Trump’s defeat. Fox canceled Mr. Dobbs’s program last year, one day after Smartmatic sued.Citing a legal technicality, Justice Cohen dismissed most of Smartmatic’s defamation claims against Rudolph W. Giuliani, who, appearing on Fox News as a legal representative for Mr. Trump, said the technology company had “tried-and-true methods for fixing elections,” among other false assertions. Even so, Justice Cohen said there was “substantial” evidence that Mr. Giuliani “acted with actual malice insofar as he evinced a reckless disregard for the truth” and ruled that Smartmatic could try again. The judge allowed another part of Smartmatic’s defamation case against Mr. Giuliani to go forward.Fox News vowed a swift appeal.“While we are gratified that Judge Cohen dismissed Smartmatic’s claims against Jeanine Pirro at this early stage, we still plan to appeal the ruling immediately,” the network said in a statement. The network added that it would “continue to litigate these baseless claims by filing a counterclaim for fees and costs” under New York’s anti-SLAPP (strategic lawsuit against public participation) statute, which is meant to quickly set aside lawsuits that may be intended to chill free speech.Fox News said it would do so “to prevent the full-blown assault on the First Amendment which stands in stark contrast to the highest tradition of American journalism.”In dismissing the claim against Ms. Pirro, Justice Cohen said that while she had asserted on her show that Democrats “stole votes,” she had not specifically blamed Smartmatic’s software.A spokesman for Smartmatic did not reply to a request for comment.Fox News is also battling a related $1.6 billion defamation lawsuit from Dominion Voting Systems, which has accused the channel of advancing lies that devastated its reputation and business. A Delaware judge rejected an attempt by Fox News to dismiss Dominion’s lawsuit in December. More

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      Dominion Accuses Newsmax and One America News of Defamation in Suit

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      Dominion Voting Systems, an election technology company that became a target of a baseless pro-Trump conspiracy theory about rigged voting machines, sued the right-wing television networks Newsmax and One America News on Tuesday, accusing them of defamation.Dominion, which also sued Fox News this year, argued in the filings that both channels served as platforms for flagrant falsehoods that devastated its reputation.“The defendants named show no remorse, nor any sign they intend to stop spreading disinformation,” Dominion’s chief executive, John Poulos, said in a statement. “We have no choice but to seek to hold those responsible to account.”Dominion is seeking $1.6 billion in damages from each network. The company also sued Patrick Byrne, the former chief executive of Overstock.com, who has publicly accused Dominion of rigging votes to ensure that President Donald J. Trump would not be re-elected. Mr. Byrne also falsely portrayed Dominion as linked to Hugo Chávez, the long-dead Venezuelan president.Dominion had previously sued Mr. Trump’s lawyers Rudolph Giuliani and Sidney Powell for defamation, along with Mike Lindell, the chief executive of MyPillow and another Trump partisan who has relentlessly spread conspiracy theories about the 2020 election. Fox News has filed a motion to dismiss the Dominion suit.Newsmax, which is owned by Christopher Ruddy, a Trump confidant, responded in a statement on Tuesday: “Newsmax simply reported on allegations made by well-known public figures, including the president, his advisers and members of Congress. Dominion’s action today is a clear attempt to squelch such reporting and undermine a free press.”Representatives for One America News did not immediately respond to a request for comment. More

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      Fox News Intensifies Its Pro-Trump Politics as Dissenters Depart

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      Donna Brazile, a Democratic analyst, has left the Murdoch-owned network as some hosts and journalists who questioned Donald Trump have exited or been sidelined.Fox News once devoted its 7 p.m. and 11 p.m. time slots to relatively straightforward newscasts. Now those hours are filled by opinion shows led by hosts who denounce Democrats and defend the worldview of former President Donald J. Trump. More

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      Newsmax Apologizes for False Claims of Vote-Rigging by a Dominion Employee

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      The right-wing news site said it had found “no evidence” for pro-Trump conspiracy theories about Eric Coomer, who was Dominion’s director of product strategy and security.The conservative news outlet Newsmax formally apologized on Friday for spreading baseless allegations that an employee of Dominion Voting Systems had rigged voting machines in an effort to sink President Donald J. Trump’s bid for re-election last year.In a statement posted on its website, Newsmax acknowledged that it had found “no evidence” for the conspiracy theories advanced by Mr. Trump’s lawyers, supporters and others that the employee, Eric Coomer, had manipulated Dominion voting machines, voting software and the final vote counts in the election.“On behalf of Newsmax, we would like to apologize for any harm that our reporting of the allegations against Dr. Coomer may have caused to Dr. Coomer and his family,” the statement said.Mr. Coomer, director of product strategy and security for Dominion, sued Newsmax and several pro-Trump figures in December, after he had been roundly vilified in the right-wing media sphere. In his lawsuit, which also names the Trump campaign, Rudolph W. Giuliani and the One America News Network, Mr. Coomer claimed that he had suffered harm to his reputation, emotional distress, anxiety and lost earnings as false accusations spread throughout the pro-Trump world that he was plotting to rig the election.Among the accusations was a claim that Mr. Coomer had said on a phone call with antifa activists that he would ensure a victory for Joseph R. Biden Jr., the lawsuit said. In fact, Mr. Coomer did not participate in an “antifa conference call” and did not take any action to subvert the presidential election, the lawsuit said.Nevertheless, hashtags calling for Mr. Coomer to be arrested and exposed trended on social media, the lawsuit said. Mr. Trump’s son Eric posted a photo of Mr. Coomer on Twitter, alongside the false claim that Mr. Coomer had said he would ensure a Biden victory. Mr. Giuliani, Mr. Trump’s lawyer, said at a news conference that Mr. Coomer was a “vicious, vicious man” who was “close to antifa,” the lawsuit said.And Sidney Powell, who was also one of Mr. Trump’s lawyers, replied, “Yes, it’s true,” on Newsmax when she was asked if Mr. Coomer had said, “Don’t worry about President Trump, I already made sure that he’s going to lose the election,” according to the lawsuit.As a result, Mr. Coomer received an onslaught of offensive messages, harassment and death threats, according to the lawsuit, which names Ms. Powell as a defendant.“These fabrications and attacks against me have upended my life, forced me to flee my home, and caused my family and loved ones to fear for my safety, and I fear for theirs,” Mr. Coomer wrote in an opinion column published in The Denver Post in December.In its statement on Friday, Newsmax said it wanted to “clarify” its coverage of Mr. Coomer.“There are several facts that our viewers should be aware of,” the statement said. “Newsmax has found no evidence that Dr. Coomer interfered with Dominion voting machines or voting software in any way, nor that Dr. Coomer ever claimed to have done so. Nor has Newsmax found any evidence that Dr. Coomer ever participated in any conversation with members of ‘antifa,’ nor that he was directly involved with any partisan political organization.”Mr. Coomer’s lawyer, Steve Skarnulis, said he could not comment on the statement, “as the terms of settlement are strictly confidential.”Newsmax said it does not comment on litigation.“Our statement on the website is consistent with our previous statements that we have not seen any evidence of software manipulation in the 2020 election,” a Newsmax spokesman said.In December, Newsmax posted a statement renouncing a number of false claims about Dominion and Smartmatic, another election technology company that had become the focus of conspiracy theories. The statement came after Smartmatic said it had sent Newsmax legal notices and letters demanding retractions for publishing “false and defamatory statements.”Newsmax’s statement acknowledged that “no evidence has been offered that Dominion or Smartmatic used software or reprogrammed software that manipulated votes in the 2020 election.”In February, a Newsmax host, Bob Sellers, cut off Mike Lindell, the chief executive of MyPillow and a vociferous Trump supporter, when he began attacking Dominion on air. As Mr. Lindell continued to talk, Mr. Sellers read a prepared statement saying the election results had been certified in every state.“Newsmax accepts the results as legal and final,” Mr. Sellers said. “The courts have also supported that view.”Mr. Coomer’s lawsuit, which had been filed in Colorado, is separate from a number of lawsuits that Dominion Voting Systems has filed against Fox News, Mr. Giuliani and Mr. Lindell. More

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

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      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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      Congressional Committee Presses Cable Providers on Election Fraud Claims

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      AdvertisementContinue reading the main storySupported byContinue reading the main storyCongressional Committee Presses Cable Providers on Election Fraud ClaimsBefore a hearing scheduled for Wednesday, Democratic members of the House Energy and Commerce Committee asked cable companies what they did to combat “the spread of misinformation.”President Trump’s supporters approach the Capitol on Jan. 6.Credit…Kenny Holston for The New York TimesFeb. 22, 2021, 9:14 a.m. ETThree months ago, federal lawmakers grilled Mark Zuckerberg, Facebook’s chief executive, and Jack Dorsey, Twitter’s chief, about the misinformation that had appeared on their platforms. Now, a congressional committee has scheduled a hearing to focus on the role of companies that provide cable television service in the spread of falsehoods concerning the 2020 election.In advance of the Wednesday hearing, called “Fanning the Flames: Disinformation and Extremism in the Media,” members of the House Energy and Commerce Committee sent a letter on Monday to Comcast, AT&T, Spectrum, Dish, Verizon, Cox and Altice, asking about their role in “the spread of dangerous misinformation.”The committee members also sent the letter to Roku, Amazon, Apple, Google and Hulu, digital companies that distribute cable programming.The scrutiny of cable providers took on new urgency after supporters of former President Donald J. Trump, who repeatedly promoted the debunked claim that the election was rigged, stormed the Capitol on Jan. 6.“To our knowledge, the cable, satellite and over-the-top companies that disseminate these media outlets to American viewers have done nothing in response to the misinformation aired by these outlets,” two Democratic representatives from California, Anna G. Eshoo and Jerry McNerney, wrote in the letter, which was reviewed by The New York Times.None of the companies to which the letter was sent immediately replied to requests for comment.Newsmax, a right-wing cable channel carried by AT&T, CenturyLink, Charter, Comcast, Dish and Verizon, had a surge in ratings in November because of programs that embraced the former president’s claims of voter fraud. One America News Network, a right-wing outlet carried by AT&T, CenturyLink and Verizon, also promoted the false theory.Fox News, the most-watched cable news network, which is available from all major carriers, was one of five defendants in a $2.7 billion defamation lawsuit filed this month by the election technology company Smartmatic. In the suit, the company accused Fox News, its parent company Fox Corporation, three Fox anchors and two frequent Fox guests of promoting false claims about the election and Smartmatic’s role in it. (Fox has denied the claims and filed a motion to dismiss the suit.)Congress can raise the issue of whether cable providers bear responsibility for the programs they deliver to millions of Americans, but it may have no way to force them to drop networks that have spread misinformation. And unlike broadcast stations, cable channels do not have licenses that are regulated by the Federal Communications Commission.The lawmakers’ letter asks the companies, “What steps did you take prior to, on, and following the November 3, 2020 elections and the January 6, 2021 attacks to monitor, respond to, and reduce the spread of disinformation, including encouragement or incitement of violence by channels your company disseminates to millions of Americans?”“Are you planning to continue carrying Fox News, OANN, and Newsmax on your platform both now and beyond the renewal date?” the letter continues. “If so, why?”Blair Levin, who served as the F.C.C.’s chief of staff under President Bill Clinton, said a hearing could be a first step toward meaningful action. “You have to establish a factual record that on both the election and Covid, tens of millions of Americans believe things that are just factually not true, and then try to figure out: ‘What are the appropriate roles for the government in changing that dynamic?’” Mr. Levin said.Harold Feld, the senior vice president at Public Knowledge, a nonprofit group focused on telecommunications and digital rights, suggested that legislators might not have easy options to exert influence over Fox, Newsmax or OAN.“You have a lot of people who are very angry about it, you have a lot of people who want to show that they’re very angry about it, but you don’t have a lot of good ideas yet about what you ought to be doing about it,” he said.For now, defamation lawsuits filed by private companies have taken the lead in the fight against disinformation promoted on some cable channels.Last month, Dominion Voting Systems, another election technology company that has figured prominently in conspiracy theories about the 2020 vote, sued two of Mr. Trump’s legal representatives, Rudolph W. Giuliani and Sidney Powell, in separate lawsuits, each seeking more than $1 billion in damages. Both appeared as guests on Fox News, Fox Business, Newsmax and OAN in the weeks after the election.On Monday, Dominion sued Mike Lindell, the chief executive of MyPillow, alleging that he defamed Dominion with baseless claims of election fraud involving its voting machines.AdvertisementContinue reading the main story More

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      Lawsuits Take the Lead in Fight Against Disinformation

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      AdvertisementContinue reading the main storySupported byContinue reading the main storyLawsuits Take the Lead in Fight Against DisinformationDefamation cases have made waves across an uneasy right-wing media landscape, from Fox to Newsmax.Lou Dobbs, whose show on Fox Business was canceled on Friday, was one of several Fox anchors named in a defamation suit filed by the election technology company Smartmatic.Credit…Chester Higgins Jr./The New York TimesFeb. 6, 2021, 5:05 p.m. ETIn just a few weeks, lawsuits and legal threats from a pair of obscure election technology companies have achieved what years of advertising boycotts, public pressure campaigns and liberal outrage could not: curbing the flow of misinformation in right-wing media.Fox Business canceled its highest rated show, “Lou Dobbs Tonight,” on Friday after its host was sued as part of a $2.7 billion defamation lawsuit. On Tuesday, the pro-Trump cable channel Newsmax cut off a guest’s rant about rigged voting machines. Fox News, which seldom bows to critics, has run fact-checking segments to debunk its own anchors’ false claims about electoral fraud.This is not the typical playbook for right-wing media, which prides itself on pugilism and delights in ignoring the liberals who have long complained about its content. But conservative outlets have rarely faced this level of direct assault on their economic lifeblood.Smartmatic, a voter technology firm swept up in conspiracies spread by former President Donald J. Trump and his allies, filed its defamation suit against Rupert Murdoch’s Fox empire on Thursday, citing Mr. Dobbs and two other Fox anchors, Maria Bartiromo and Jeanine Pirro, for harming its business and reputation.Antonio Mugica, Smartmatic’s chief executive.Credit…Henry Nicholls/ReutersDominion Voting Systems, another company that Mr. Trump has accused of rigging votes, filed defamation suits last month against two of the former president’s lawyers, Rudolph W. Giuliani and Sidney Powell, on similar grounds. Both firms have signaled that more lawsuits may be imminent.Litigation represents a new front in the war against misinformation, a scourge that has reshaped American politics, deprived citizens of common facts and paved the way for the deadly Jan. 6 attack on the Capitol. Fox News, for instance, paid millions last year to settle a claim from the family of a murdered Democratic National Committee staff member falsely accused by Fox hosts of leaking emails to WikiLeaks.But the use of defamation suits has also raised uneasy questions about how to police a news media that counts on First Amendment protections — even as some conservative outlets advanced Mr. Trump’s lies and eroded public faith in the democratic process.“If you had asked me 15 years, five years ago, whether I would ever have gotten involved in a defamation case, I would have told you no,” said Roberta Kaplan, a lawyer who is representing Mr. Trump’s niece, Mary L. Trump, and the writer E. Jean Carroll in defamation suits against the former president.The defamation suits raise the question of how news organizations should present public figures. Sidney Powell was a conspiracist but she was also a member of President Donald J. Trump’s legal team.Credit…Jonathan Ernst/ReutersLike other prominent liberals in her profession, Ms. Kaplan had long considered defamation suits a way for the wealthy and powerful to try to silence their critics. Last year, Mr. Trump’s campaign sued multiple news organizations for coverage that the president deemed unfavorable or unfair. The technology billionaire Peter Thiel bankrolled Hulk Hogan’s suit against the gossip blog Gawker that ultimately bankrupted the business.“What’s changed,” Ms. Kaplan said, “and we’ve all seen it happen before our eyes, is the fact that so many people out there, including people in positions of authority, are just willing to say anything, regardless of whether it has any relationship to the truth or not.”Some First Amendment lawyers say that an axiom — the best antidote to bad speech is more speech — may no longer apply in a media landscape where misinformation can flood public discourse via countless channels, from cable news to the Facebook pages of family and friends.“This shouldn’t be the way to govern speech in our country,” Ms. Kaplan said. “It’s not an efficient or productive way to promote truth-telling or quality journalistic standards through litigating in court. But I think it’s gotten to the point where the problem is so bad right now there’s virtually no other way to do it.”Mr. Trump’s rise is an inextricable part of this shift. His popularity boosted the profits and power of the right-wing commentators and media outlets that defended him. In November, when Mr. Trump cast doubt on the outcome of the presidential election despite no credible evidence, it made commercial and editorial sense for his media allies to follow his lead.The Newsmax anchor Greg Kelly refused to accept Joseph R. Biden Jr. as president-elect and was rewarded with a surge in ratings. Fox News was more cautious — the network declared Mr. Biden the next president on Nov. 7 — but some Fox stars, including Mr. Dobbs, Ms. Bartiromo and Ms. Pirro, offered significant airtime to his lawyers, Mr. Giuliani and Ms. Powell, and others who pushed the outlandish election-fraud narrative.In one example cited in the 276-page complaint filed by Smartmatic, Mr. Dobbs’s program broadcast a false claim by Ms. Powell that Hugo Chávez, the former president of Venezuela, had been involved in creating the company’s technology and installed software so that votes could be switched undetected. (Mr. Chávez, who died in 2013, did not have anything to do with Smartmatic.)Smartmatic also cited an episode of “Lou Dobbs Tonight” in which Mr. Giuliani falsely described the election as “stolen” and claimed that hundreds of thousands of “unlawful ballots” had been found. Mr. Dobbs described the election as the end to “a four-and-a-half-year-long effort to overthrow the president of the United States,” and raised the specter of outside interference.“It has the feeling of a cover-up in certain places, you know — putting the servers in foreign countries, private companies,” Mr. Dobbs said.Fox has promised to fight the litigation. “We are proud of our 2020 election coverage and will vigorously defend this meritless lawsuit in court,” the network said in a statement the day before it canceled Mr. Dobbs’s show.Executives in conservative media argue that the Smartmatic lawsuit raises uncomfortable questions about how news organizations should present public figures: Ms. Powell was a conspiracist, but she was also the president’s lawyer. Should a media outlet be allowed to broadcast her claims?“There’s a new standard created out of this that is very dangerous for all the cable channels,” Christopher Ruddy, the owner of Newsmax and a Trump confidant, said in an interview on Saturday. “You have to fact-check everything public figures say, and you could be held libelous for what they say.” Mr. Ruddy contends that Newsmax presented a fair view of the claims about election fraud and voting technology companies.Newsmax personnel, though, were made aware of the potential damage stemming from claims that appeared on their shows. In an extraordinary on-air moment on Tuesday, Mike Lindell, the MyPillow founder and a staunch Trump ally, began attacking Dominion — and was promptly cut off by a Newsmax anchor, Bob Sellers, who read a formal statement that Newsmax had accepted the election results “as legal and final.”Fox executives revealed their own concerns in December, after Smartmatic sent a letter signaling that litigation was imminent. Fox News and Fox Business ran an unusually stilted segment in which an election expert, Edward Perez, debunked conspiracy theories about voter fraud that had recently been aired on the networks. The segment ran on three programs — those hosted by Mr. Dobbs, Ms. Bartiromo and Ms. Pirro. (Newsmax, which also received a letter from Smartmatic, aired its own clarifications.)This fear of liability has rippled into smaller corners of the right-wing media sphere. Mr. Giuliani, who hosts a show on the New York radio station WABC, was caught by surprise on Thursday when his employer aired a disclaimer during his show that distanced itself and its advertisers from Mr. Giuliani’s views.“They got to warn you about me?” Mr. Giuliani asked his listeners, sounding incredulous. “Putting that on without telling me — not the right thing to do. Not the right thing to do at all.”Yochai Benkler, a professor at Harvard Law School who studies disinformation and radicalization in American politics, said that the president’s lies about the election had pushed pro-Trump outlets beyond the relatively lax standards applied to on-air commentators.“The competitive dynamic in the right-wing outrage industry has forced them all over the rails,” Mr. Benkler said. “This is the first set of lawsuits that’s actually going to force them to internalize the cost of the damages they’re inflicting on democracy.”Mr. Benkler called the Smartmatic suit “a useful corrective” — “it’s a tap on the brakes” — but he also urged restraint. “We have to be very cautious in our celebration of these lawsuits, because the history of defamation is certainly one in which people in power try to slap down critics,” he said.Rudolph W. Giuliani was the public face of Mr. Trump’s effort to challenge the election results in the courts.Credit…Erin Schaff/The New York TimesMartin Garbus, a veteran First Amendment lawyer, said he was personally repelled by the lies about the election propagated by Mr. Trump and his allies, but he also called the Smartmatic suit “very complicated.”“Will lawsuits like this also be used in the future to attack groups whose politics I might be more sympathetic with?” he asked.Mr. Garbus, who made his reputation in part by defending the speech rights of neo-Nazis and other hate groups, said that the growth of online sources for news and disinformation had made him question whether he might take on such cases today. He offered an example of a local neo-Nazi march.Before social media, “it wouldn’t have made much of an echo,” Mr. Garbus said. “Now, if they say it, it’s all over the media, and somebody in Australia could blow up a mosque based on what somebody in New York says.“It seems to me you have to reconsider the consequence of things,” he added.AdvertisementContinue reading the main story More