MINNEAPOLIS (Legal Newsline) – An elections software company has countered MyPillow CEO Mike Lindell’s motion to have its defamation lawsuit against him dismissed.
Smartmatic filed its response to Lindell’s motion on April 11 in Minnesota federal court in hopes of keeping its case over Lindell’s post-2020 election comments going. The First Amendment does not apply to what he said in the wake of Donald Trump losing the Presidential election to Joe Biden, the company says.
Lindell and others claimed the election was rigged for Biden. Dominion Voting Machines filed a defamation case against Lindell and others before Smartmatic targeted the pillow magnate.
“Lindell knew he had no credible source for his claims against Smartmatic,” attorneys for the company wrote. “Lindell knew that every credible source had already refuted and debunked the conspiracy theories he advocated.
“Nonetheless, Lindell pursued and continues to pursue a defamation campaign against Smartmatic because he knows a segment of the population will reward his loyalty for former President Trump by buying products from MyPillow.
“Lindell once used advertisements to secure customers. He is now using a defamation campaign. Lindell and MyPillow are liable to Smartmatic for the damage caused by that campaign.”
Lindell has argued Smartmatic’s complaint fails to allege he knew his statements were false and amounts to nothing more than “Mike Lindell said things we disagree with.”
MyPillow’s motion to dismiss says the company never published any defamatory statements on its social media or website.
"After others had gone silent, Mr. Lindell spoke out about the 2020 U.S. election being stolen from President Trump. He held rallies. He went on TV. He published videos," the suit says. "Once a fixture on late night infomercials embracing his pillows, in early 2021, Mr. Lindell’s infomercials turned to spreading disinformation about the 2020 U.S. election.
"Mr. Lindell’s message was as dangerous as it was factually inaccurate."
Litigation undertaken by former prosecutor Sidney Powell and Rudy Guiliani that claimed the election was rigged for Biden has backfired to the point they are on the hook for the other side’s costs in Michigan.
Smartmatic has continued to assert that it had no role in the 2020 election other than providing some technology, support and services to Los Angeles County.