BURSTA judge in Delaware ruled this week that cable news channel Newsmax aired false and defamatory statements about Dominion Voting Systems as part of its coverage of the 2020 election.
Delaware Superior Court Judge Eric Davis's ruling comes ahead of a jury trial that is slated to begin later this month in connection with the voting system provider's defamation lawsuit against the conservative cable channel.
Dominion sued Newsmax in 2021 over a series of claims alleging the company’s machines were manipulated to swing votes in President Biden’s favor and against former President Trump.
Davis ruled Thursday the statements made on Newsmax were defamatory, and Dominion must now prove in court the channel acted with "actual malice" to harm the company's reputation.
Newsmax has defended itself in public statements and court filings, saying it was “simply reporting on allegations made by well-known public figures, including the President, his advisors and members of Congress," and has argued the case should be dismissed on First Amendment grounds.
In a new statement Wednesday, Newsmax said it "covered both sides of the 2020 election dispute fairly. At no time did it defame Dominion. This case represents a serious threat to free speech and a free press and Newsmax will defend itself vigorously at trial.”
Dominion in a statement to The Hill said it was "gratified" by the court's ruling.
Dominion previously sued Fox News over its coverage of the 2020 election, which resulted in the outlet paying a $787 million settlement to avoid a trial.
Newsmax was separately sued by Smartmatic, another voting technology company, after the 2020 election. The channel settled that case out of court for a reported $40 million.