ABSTRACT
Chapter 3 addresses the Dominion and Smartmatic Corporation complaints against Fox News et al. alleging a disinformation campaign by the Defendants against the aforementioned election technology companies. This in regard to the use of their machines or software in the 2020 U.S. Presidential election. This chapter addresses the degree to which First Amendment protection for the media excludes false propaganda promulgated by the media including broadcast media. The complainants allege an attempt by the Defendants to inculcate viewers with a false narrative that not only severely damaged their companies but ultimately undermines American democracy itself. Fox News et al. counter that they were simply reporting on the views of the then U.S. President and certain of his lawyers regarding the purported lack integrity of the 2020 Presidential election linked allegedly in part to the named corporations. This Fox News et al. maintains is part of what is expected of a fair and balanced press organization. The argument is made here that (i) a campaign of disinformation meets the standard for “actual malice” and that (ii) the “reasonable person standard” regarding the media consumer audience needs to be re-evaluated when a defamation case concerns an alleged campaign of disinformation.
