By: Chaya Abecassis

Newsmax Media, Inc. announced on Monday that it has reached a settlement with Dominion Voting Systems, formally concluding a closely watched defamation lawsuit that has loomed over the network since 2021. The agreement, disclosed in a filing with the U.S. Securities and Exchange Commission, stipulates that Newsmax will pay Dominion $67 million, spread over three fiscal years and funded through company revenues.

The resolution marks the end of a legal battle that began when Dominion filed suit against Newsmax in Delaware Superior Court, seeking $1.6 billion in damages. Dominion had alleged that the network broadcast statements in its coverage of the 2020 presidential election that were defamatory. Though the settlement represents a fraction of the original demand, the case has highlighted not only the legal risks facing media companies in the post-2020 environment, but also the broader tension between press freedom and judicial oversight.

From the outset, Newsmax has insisted that its coverage adhered to professional standards of journalism and was not defamatory. In its statement announcing the settlement, the company underscored that it viewed its reporting as both necessary and legitimate.

“Newsmax believed it was critically important for the American people to hear both sides of the election disputes that arose in 2020,” the company declared. “We stand by our coverage as fair, balanced, and conducted within professional standards of journalism.”

Even as it agreed to the settlement, Newsmax made clear that its decision was not an admission of fault but a pragmatic choice, driven by its lack of confidence in the Delaware Superior Court.

Central to Newsmax’s grievance is Judge Eric Davis, who presided over the case. Judge Davis had previously overseen Dominion’s litigation against Fox News, a matter that ended in an unprecedented $787 million settlement in 2023. Critics at the time, including Fox’s own chief legal officer, accused Davis of issuing rulings that unduly favored the plaintiff.

In its public statement, Newsmax detailed a pattern of rulings it said deprived the company of due process and made a fair trial impossible:

Defamation Per Se Ruling: Judge Davis determined early in the case that Newsmax had committed defamation per se in each of the 19 statements at issue. By presuming guilt, the company argued, the court denied it the chance to present standard libel defenses to a jury.

Suppression of Context: The court signaled it would bar mention of Fox News’s $787 million settlement with Dominion, information that Newsmax believed was critical for the jury to weigh alleged damages.

Procedural Irregularities: Dominion initially sued Newsmax’s parent company rather than its broadcasting subsidiary. Rather than dismiss the case, Davis added the subsidiary retroactively and entered partial summary judgment against it, even before it was formally served.

Excessive Discovery: Dominion was allowed to comb through troves of private communications from Newsmax reporters and executives, including emails and text messages unrelated to the claims.

According to Newsmax, these rulings collectively ensured that it could not mount a meaningful defense.

Newsmax CEO Christopher Ruddy condemned the Delaware proceedings in stark terms. “The Delaware court under Judge Davis effectively enforced a confiscation of our property because our reporting was not always sympathetic to Joe Biden,” Ruddy said.

He went further, portraying the case as part of a broader assault on press freedoms. “The actions taken against Newsmax, and earlier against Fox News, represent a direct attack on free speech and a free press,” Ruddy added.

Newsmax has argued that the judiciary’s approach in Delaware sets a dangerous precedent.