Aaron Caplan, professor at LMU Loyola Law School in Los Angeles, said that while Smartmatic will have to prove there was a false statement of fact about them, one issue that may arise is whether Fox personalities were espousing their opinions or whether they were acting in a reporting capacity.
Source: Deadline
Smartmatic Files $2.7 Billion Defamation Lawsuit Against Fox Corp.: Lou Dobbs, Jeanine Pirro and Maria Bartiromo Also Named