If at first you don't succeed, try, try again. Newsmax seems primed to follow this adage as it wages legal war against Fox News. If so, it might behoove them to do the job with more precision this time around — and to do so quickly.
Labeling the filing as a "shotgun pleading," U.S. District Judge Aileen Cannon dismissed Newsmax Broadcasting's antitrust lawsuit against Fox News on September 5, 2025. The dismissal was issued without prejudice, with Judge Cannon allowing Newsmax to refile an amended complaint that doesn't contain successive counts that use prior allegations by September 11.
Newsmax classified the setback to the suit filed on September 3 as a "technical issue" and indicated its intent to refile before the deadline arrives. The Right-leaning network is accusing Fox News of using its power as the dominant force in the conservative cable news market to force distributors to refuse to carry Newsmax, which stifles competition and drives up costs. Fox News alleged that the lawsuit is baseless and merely sour grapes from a minor player in the field.
The Battle for Infotainment Viewers
Newsmax TV was launched in 2014. The network follows the blueprint created by Fox News, the largest and most successful conservative infotainment cable network. The practice of putting outrage, sensationalism, and hyperbole over non-biased journalism has resulted in lucrative returns, but Newsmax alleges that Fox News is keeping it from getting a bigger piece of right-wing viewer pie.
There's no question that Fox News is the undisputed king of cable news networks. Its average primetime viewership of over 2.3 million is nearly triple that of MSNBC, its closest competitor. With an average of just over 300,000 primetime viewers, Newsmax is barely even a David to Fox News' Goliath. This, the lawsuit alleged, is due to the larger network's business practices.
Is Their Home Office on Broadway and Park Place?
Newsmax TV is part of Newsmax Media, which also includes a website and a print magazine. In its quest to compete with Fox News, Newsmax has hired several of Fox's former hosts, along with personalities like Bill O'Reilly and Mark Halperin, who resigned from their former positions under a haze of allegations of sexual harassment.
Before being dismissed by Judge Cannon, the lawsuit accused Fox News of using its clout to suppress competition. It claims the network threatened to withhold access to Fox News unless a distributor agreed not to carry competitors like Newsmax. If that tactic failed, Fox News would allegedly force the distributor to place its lower-value channels in lucrative tiers they would not be in otherwise.
In addition to strong-arming cable distributors, the suit charged that Fox News used intimidation to keep guests from also appearing on Newsmax shows. It states that Fox News's monopolistic tactics were in violation of the Sherman Act and caused increased prices for consumers, reduced choices for viewers, and blocked growth for Newsmax TV, costing the network untold millions. It sought treble damages and a permanent injunction enjoining Fox News from continuing its business practices in the future.
Try To Color Within the Lines This Time, Okay?
In dismissing Newsmax TV's suit, Judge Cannon noted that the final four counts merely echoed the factual allegations of the first count. Along with the September 11 deadline for refiling an amended complaint, Judge Cannon instructed Newsmax TV to ensure that each count has its own legal basis for liability instead of mimicking the charges of the first. This is a common tactic in federal complaints. It's also a common reason for judges to dismiss without prejudice.
Shotgun (or spaghetti) complaints aside, it's been a rough twelve months in the legal world for Newsmax TV. Massive defamation settlements went to Smartmatic and Dominion Voting Systems over false claims about vote rigging in the 2020 election made on the network. With its imminent refiling against Fox News, Newsmax TV is looking to change the playing field and win some settlement money of its own.
Related Resources
- Meta's Monopoly Trial in a Nutshell (FindLaw's Courtside)
- Dominion Dominant Again in $67 Million Settlement From Newsmax (FindLaw's Courtside)
- Fox Settles Dominion Defamation Case for $787.5 Million (FindLaw's Courtside)
