Judge Dismisses Newsmax Suit Against FOX
Judge Aileen Cannon dismissed Newsmax’s anti-trust suit against Fox Corporation and FOX News Network LLC, calling it an impermissible “shotgun pleading.” Judge Cannon provides the following definition of a shotgun pleading in her ruling:
“The most common type [of shotgun pleading] – by a long shot – is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint.” The suit was dismissed without prejudice which gives Newsmax the opportunity to file an amended complaint, but it must do so by September 11 and “must not contain any successive counts that incorporate all prior allegations.” Judge Cannon also adds that if an amended complaint is filed, “each count must identify the particular legal basis for liability and contain specific factual allegations that support each cause of action within each count.
accuses FOX of “engaging in an extensive and unlawful campaign to block competition in the market for right-leaning pay television news, including Newsmax.” 
A FOX spokesperson responded with the following: “Newsmax cannot sue their way out of their own competitive failures in the marketplace to chase headlines simply because they can’t attract viewers.” Newsmax issued the following statement in response to that saying, “If Newsmax was such a ratings failure, why has FOX spent so much time, energy, and resources to suppress us, block us, and denigrate us? The answer is obvious. Also please note that FOX in its statement does not deny any of our serious allegations.”
exclude or marginalize competitors like Newsmax. Further, Newsmax alleges that FOX News, “described in the complaint as a ‘must-have’ channel for distributors, leverages its market power to impose restrictions that harm consumers, stifle competition, and drive-up costs across the pay TV ecosystem.” Specifically, Newsmax alleges that “FOX conditions access to FOX News on 
agreements by distributors not to carry or to restrict competing right-leaning news channels. If distributors carry Newsmax, FOX forces them to also carry low-demand channels like FOX Business or FOX Sports 2 in their most widely viewed tiers, triggering potentially tens of millions in extra fees. These clauses penalize distributors for placing Newsmax in basic packages by requiring simultaneous promotion of FOX less popular channels.” Also, Newsmax alleges that FOX has pressured its guests to not appear on Newsmax, as well as has run online smear campaigns and hired private investigators targeting Newsmax executives to damage the Company’s credibility. Newsmax is asking the court to: 1) Declare FOX’s conduct unlawful under federal and state antitrust laws; 2) Award monetary damages as permitted by law; 3) Enjoin FOX from continuing exclusionary contracts and monopolistic practices; and 4) Order equitable relief to restore competition in right-leaning pay TV news.
Newsmax were defamatory. However, Newsmax is not admitting guilt; just the opposite. “Newsmax believed it was critically important for the American people to hear both sides of the election disputes that arose in 2020. We stand by our coverage as fair, balanced, and conducted within professional standards of journalism.” The company says Delaware Court Judge Eric Davis would not provide a fair trial wherein the company could present standard libel defenses to a jury. Newsmax CEO Christopher Ruddy says, “The Delaware Court under Judge Davis effectively enforced a confiscation of our property because our reporting was not always sympathetic to Joe Biden. The actions taken against Newsmax, and earlier against FOX News, represent a direct attack on free speech and a free press.”
a partnership between NewsTalkSTL and Newsmax. NewsTalkSTL says this will be Chris Arps’s second visit to Israel in the past month. His previous trip, which took place during Iranian airstrikes, was a sightseeing tour. This time, he returns as part of a diplomatic delegation organized by Newsmax in coordination with the Israeli government. Tim Jones says, “Traveling to Israel, especially during this consequential time, will be a life changing trip. Experiencing the Holy Land, visiting with top Israeli officials, all while literally walking in the footsteps of Jesus, will be an incredible experience for all of us in NewsTalkSTL nation.” NewsTalkSTL president of programming Jeff Allen says, “It should be an incredible week of content from Tim and Chris. They won’t just be sharing their impressions; they’ll have stories you can only get by being there on the ground.”
local communities and civic issues.” According to a press statement, Bolling will assist in guiding Re:Public’s strategic communications, serve as voice of the platform in national and regional media, and assist with outreach as Re:Public expands throughout the United States. Bolling says, “Re:Public is an innovative new platform that returns the voice of ordinary Americans to the center of our public life. Local news has been dominated by goliath corporations for too long. Re:Public empowers people with the ability to report what is important in their own neighborhoods — unfiltered, uncensored, and held accountable.”
is “bringing America the headlines that matter – fast, accurate, and in-depth. Anchor Tracy Sobol covers politics, economy, culture, and global affairs with trusted analysis and real-time reporting from coast to coast and around the world.” Sobol comes to Newsmax from EWTN where she anchored “EWTN News Nightly.” Sobol comments, “I am thrilled and honored to be joining Newsmax. I could not be more excited to be a part of one of the fastest-growing news organizations, bringing real news to Americans. There is no place that I would rather be.” 
Exchange under the ticker symbol NMAX. CNBC reports that the rise brought the company’s market capitalization to “nearly $30 billion – surpassing the market cap of legacy media companies like Warner Bros. Discovery and Fox Corp.” Newsmax CEO Christopher Ruddy told CNBC, “Americans for a long time have been voting with their remote controls, downloads, apps to say they want Newsmax. Now investors powerfully are buying Newsmax shares because they like us, they value us and they want us to keep growing.” 
Now, is submitting IPO offering materials with the SEC and is seeking a public offering with a planned listing on the New York Stock Exchange under the symbol “NMAX” later this year. Newsmax CEO Christopher Ruddy states, “This achievement reflects the strong results Newsmax has demonstrated and testifies to the trust and support the company maintains with investors, viewers and friends. We’d also like to thank Digital Offering LLC, for their expertise, hard work and their positive commitment to supporting us throughout this process. We are excited to be one step closer to our upcoming IPO which will provide us a tremendous opportunity for growth. A public offering will allow tens of thousands of Americans to directly partner with us and join our news revolution. We look forward to delivering long-term value to all of our shareholders.”
Offering LLC and says the deadline to apply for shares in the pre-public offering private placement is Friday (1/31). Newsmax says that its private placement investments are near the $185 million mark. Newsmax has made information about the offering available via its NewsmaxInvest.com site. The offering is available to accredited investors with an annual income of $200,000 or a $1 million-plus net worth.
news network’s primetime lineup at 8:00 pm ET, debuting on October 8. For the past four years, Finnerty has been co-host of Newsmax’s “Wake-Up America” morning program with Sharla McBride. Newsmax CEO Chris Ruddy says, “Rob has demonstrated success in our morning show and connects with our audience in a powerful way, and we believe he will continue that success in primetime.” Finnerty comments, “For far too long cable news has been a monolith – with very few options available to the American people, but Newsmax is proof that the model is changing, and I feel incredibly honored to be a part of that change. Ever since I got here, Newsmax has kept growing and growing, which is amazing for this industry. This is the opportunity of a lifetime, and I am so grateful to Newsmax and its team led by CEO Chris Ruddy.” Pictured here is Rob Finnerty as a special guest speaker at TALKERS 2024. 
Canceled (WOKV-FM, Jacksonville) Talk Radio Host Returns With Political Podcast “Mark Kaye Saves the Republic!”Radio talk show host and Newsmax TV personality Mark Kaye tells TALKERS that he’s launching an entertaining new political podcast, “Mark Kaye Saves the Republic!”
The new daily podcast and livestream promises to deliver fun and informative takes on breaking news and political headlines. Mark approaches the show with his trademark high energy and quick wit to create what he describes as “a cool atmosphere for all his loyal listeners affectionately called Kayetriots.” Kaye states, “I am beyond excited to create entertaining and informative daily content again. Since I was canceled [by WOKV-FM, Jacksonville], my audience has been struggling to find real news and true conservative values on the radio or anywhere else. This is not just another news podcast. It’s an online world where patriotic Americans come together to get the daily information and inspiration they need to keep fighting for this great country. My listeners and I are going to save the republic and we’re going to have a lot of fun doing it!” The show kicks off this week with live coverage from the Presidential Debate in Philadelphia. “Mark Kaye Saves The Republic!” is produced by Kayetriot Media.
Heidi Harris Inducted Into the Nevada Broadcasters Hall of Fame. After 26 years in radio including stints at KXNT and KDWN in Las Vegas, veteran talk show host Heidi Harris was inducted into the Nevada Broadcasters Hall of Fame this past weekend (9/7). Harris tells TALKERS, “It’s an honor to be recognized by the Nevada Broadcasters Association, which works tirelessly on behalf of the broadcasting community, and awards generous scholarships every year to the next generation of broadcasters.” Harris continues to be a trailblazer presenting “The Heidi Harris Show” as an online streaming and video podcast production.
located another device that had many if not all of the text messages. Those messages were produced to Smartmatic in the litigation. Newsmax also notes that it informed the Special Master that neither Ruddy nor any senior staff sought to hide text messages or emails, which in many cases were also collected from dozens of other Newsmax witnesses in the case and produced to Smartmatic. Newsmax separately filed a Motion for Sanctions against Smartmatic on May 13, 2024, and a Motion for Contempt against Smartmatic on July 16, 2024. Both of those motions remain pending. In its motions Newsmax argues that Smartmatic and its executives have misled Newsmax, the Special Master, and the Court about the Department of Justice’s ongoing criminal investigation into Smartmatic in which the agency alleges that Smartmatic and several of its senior executives participated in an international scheme involving a multi-million-dollar bribe allegedly made to an election official in the Philippines in exchange for the company getting nearly $200 million in contracts. 
the John Fredericks Radio Network. Carson’s show airs in the 12:00 noon to 3:00 pm daypart. Additionally, Jeri Lyn Broadcasting’s KHTS-AM, Santa Clarita, California picks up the weekend edition of the “Rob Carson Show” for broadcast Saturdays at 3:00 pm. 
about 25 million Americans — turn to Newsmax for their news at least weekly. Newsmax CEO Christopher Ruddy says, “Newsmax’s rise is even more stunning considering the newness of our brand, Big Tech efforts to thwart us, and several virtual TV distributors still keeping us from their subscribers.” Newsmax recently announced its plans for an initial public offering later this year with a listing on the New York Stock Exchange or Nasdaq.
people, it’s time for Eric to embark on new endeavors. Eric and Newsmax are grateful for their time together and proud of the work they have produced.” Bolling’s program The Balance aired at 8:00 pm ET. Newsmax has replaced his show with its Prime News show with a rotating cast of hosts for the interim until a permanent replacement is named.
will cover the latest on significant events from around the nation and the world.” Levanthal adds, “‘The Leventhal Report’ will bring the top stories to the growing Newsmax2 audience with an in-depth analysis of the ‘why’ and what it means to them and our nation. I am looking forward to bringing my global experience in covering the news that matters most to Newsmax2’s lineup of hard-hitting journalism.” Newsmax2 is the network’s free streaming channel available on the Newsmax App and FAST channel platforms found on most major OTT systems including Roku, Samsung, Amazon Fire, Pluto, Vizio, LG, Tivo, Plex and Xumo. Newsmax2 also airs on 20 television broadcast stations through digital channels.
comprehensive collection of the top national and regional news stations to help listeners stay up to date on the latest in the race to the 2024 U.S. Presidential Election in November. The ‘Election Channel’ brings together all voices and viewpoints to empower listeners to stay informed on all party news.” TuneIn adds that its coverage includes national and global news networks and stations, including NBC News NOW, CNN, MSNBC, FOX News Radio, Newsmax and Progressive Voices, plus local stations across the country.
from West Virginia to Georgia. The programming includes “The John Fredericks Show,” “The War Room with Steve Bannon,” Newsmax’s “Rob Carson Show,” and more. Fredericks states, “This West Virginia opportunity is key to our growth plan, as it dovetails nicely with our Pittsburgh footprint and reaches a very pro-populist, pro-America First and pro-Trump area of America. We are excited about offering listeners in West Virginia a choice from the stale, woke, and warmed over pablum served up every day by the corporatists and conservative Inc. bunch that regurgitate the FOX and RNC talking points of the day. Our lame and boring news/talk competition falls into one of four categories: weather on the fives and traffic on the eights, stock prices trading below fifty cents, stock de-listed off the big board, or George Soros buying up bankruptcy debt with a controlling stake to eventually take over the company and its programming.”