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Legal experts unsure if MAGA media disclaimers will work

“Businessman Mike Lindell appeared on the cable network Newsmax last month and launched into a baseless conspiracy theory blaming a voting machine company for fraud in the 2020 presidential election. After muting Lindell’s microphone, a Newsmax anchor told viewers that the My Pillow Inc founder’s claims were unsubstantiated and unverified. The anchor then read a prepared statement that included: ‘Newsmax accepts the (election) results as legal and final.’ Lindell, an ardent ally of losing presidential candidate Donald Trump, refused to drop the subject, and the anchor stormed off mid-interview. The on-air reality check highlights a new trend in conservative media: In an apparent effort to minimize liability for defamation, Newsmax and some other outlets are relying on prepared disclaimers or additional pre-recorded programming to repudiate pro-Trump conspiracy theories spouted by guests and hosts.”

“Legal experts say this practice, also used in some form by One America News Network (OANN) and other conservative TV and radio networks, is a response to lawsuits recently filed or threatened by Dominion Voting Systems Inc and Smartmatic Inc, two election technology companies targeted by pro-Trump conspiracy theorists. A Newsmax spokesman declined to comment. OANN did not respond to a request for comment. The suits could test the effectiveness of disclaimers on news coverage more broadly, as well as the conservative media’s appetite for guests and hosts who make unsubstantiated claims about hot-button issues, legal experts say. The suits also pose an ‘existential threat’ to the smaller networks, which can ill afford a big verdict or settlement, said Columbia historian Nicole Hemmer, author of a book on conservative media. Floyd Abrams, a prominent media lawyer and First Amendment advocate, said disclaimers could be modestly useful in bolstering the argument that the networks were ‘simply carrying the views’ of Trump surrogates, rather than acting with malice toward Dominion and Smartmatic” – Reuters.

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