Florida judge rules ex-Overstock CEO Patrick Byrne not liable in Dominion executive's defamation suit over 'The Deep Rig' film
A Florida federal judge, Tom Barber, granted summary judgment to ex-Overstock CEO Patrick Byrne in the 2022 defamation suit brought by Eric Coomer, a former Dominion Voting Systems director of product strategy and security. The suit concerned "The Deep Rig", a 2020 film that included Joseph Oltmann's claim that "Eric" from Dominion said he had "made sure" Trump would not win reelection. The ruling turned on Colorado's "actual malice" standard for matters of public concern, which requires clear and convincing evidence that the defendant knew the claims were false or subjectively doubted them. Barber found Coomer would struggle to meet that bar, and he called the standard a policy choice that the US Supreme Court and Colorado courts may want to reexamine. Dominion Voting Systems was not a party. The company has received more than $1.8 billion in settlements from Fox News, Newsmax and Mike Lindell over claims that its machines altered votes. This is legal and election-disinformation news with no direct technical threat.
Detalhes técnicos
- The court did not address most substantive claims, including Byrne's ultimate responsibility for Oltmann's statements.
- The test is whether the defendant "in fact entertained serious doubts" about the claim, not whether a reasonable person would have investigated it.
- Coomer denies taking part in the alleged call.
Linha do tempo
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Florida judge rules ex-Overstock CEO Patrick Byrne not liable in Dominion executive's defamation suit over 'The Deep Rig' film
ler a análise desta fonte ocultar
A Florida federal judge, Tom Barber, granted summary judgment to ex-Overstock CEO Patrick Byrne in the 2022 defamation suit brought by Eric Coomer, a former Dominion Voting Systems director of product strategy and security. The suit concerned "The Deep Rig", a 2020 film that included Joseph Oltmann's claim that "Eric" from Dominion said he had "made sure" Trump would not win reelection. The ruling turned on Colorado's "actual malice" standard for matters of public concern, which requires clear and convincing evidence that the defendant knew the claims were false or subjectively doubted them. Barber found Coomer would struggle to meet that bar, and he called the standard a policy choice that the US Supreme Court and Colorado courts may want to reexamine. Dominion Voting Systems was not a party. The company has received more than $1.8 billion in settlements from Fox News, Newsmax and Mike Lindell over claims that its machines altered votes. This is legal and election-disinformation news with no direct technical threat.
Technical Details
- The court did not address most substantive claims, including Byrne's ultimate responsibility for Oltmann's statements.
- The test is whether the defendant "in fact entertained serious doubts" about the claim, not whether a reasonable person would have investigated it.
- Coomer denies taking part in the alleged call.