In a pivotal legal development shaking up the conservative media landscape, Newsmax announced on September 5, 2025, its intent to refile an antitrust lawsuit against Fox Corp and Fox News Network. The original complaint was dismissed on procedural grounds by U.S. District Judge Aileen Cannon of the Southern District of Florida. Her ruling described the filing as a classic “shotgun” complaint—undermarking the case’s procedural clarity by improperly merging multiple claims under overlapping allegations. Nevertheless, Newsmax has been given until September 11 to submit a revised version with properly segmented counts.
What Went Wrong with the Original Filing
Judge Cannon’s dismissal pivoted on the way the complaint was structured. Instead of distinct, stand-alone counts, each count repeated all prior allegations—an approach that “causes each successive count to carry all that came before,” culminating in a convoluted, cumulative final count. This tactic—while sometimes employed in sweeping legal strategies—was deemed “impermissible” in this context, leading the judge to reject the filing on procedural grounds. Importantly, though, she left the door open for an amended filing.
Newsmax has minimized the misstep, labeling it a purely technical issue and reaffirming its intent to refile. Fox, in response, retained its consistent posture, dismissing the suit as a distraction from Newsmax’s market struggles—stating that “Newsmax cannot sue their way out of their own competitive failures in the marketplace to chase headlines.”
Core Allegations at the Heart of the Case
The lawsuit, initially filed on September 3, accuses Fox of using its dominant position in the conservative pay-TV news market to deliberately suppress rivals—particularly Newsmax. At the heart of the complaint are claims that Fox coerced distributors, including Hulu, Sling, and Fubo, into either excluding Newsmax or limiting its carriage. Allegedly, Fox tied access to its flagship channels to exclusionary deals that disadvantaged gateway networks like Newsmax.
More pointedly, Newsmax details Fox’s use of aggressive tactics: pressuring distributors, discouraging guest appearances on Newsmax, employing investigators to probe its executives, and even launching social media campaigns against Newsmax CEO Christopher Ruddy. The lawsuit claims these actions amount to monopolistic behavior that diminishes competition and constricts consumer choice.
Newsmax argues this case centers on securing fairness and ensuring viewers have access to alternatives beyond what it calls Fox’s “establishment platform”—emphasizing that the outcome could yield not only injunctive relief but also tripled damages and attorney fees if successful.
Context Within Media Competition and Litigation Trends
Newsmax’s lawsuit is the latest skirmish in a larger battle among conservative media outlets. In recent years, Fox has weathered costly defamation settlements—paying $787.5 million to Dominion in 2023—yet its ratings and influence have remained robust. It continues to dominate primetime viewership, particularly in the aftermath of the 2020 election.
Conversely, Newsmax settled its own defamation disputes: $67 million with Dominion and approximately $40 million with Smartmatic. Despite these financial setbacks, it positions itself as a dissenting voice against mainstream conservative media. This lawsuit, Newsmax claims, represents both a defensive maneuver to preserve its competitive footing and a broader fight for market access.
Next Steps: What to Watch for
- Deadline Approaching: Newsmax must submit its revised complaint by September 11, ensuring each claim is clear, distinct, and legally viable. The stakes are high; the restructuring could determine whether the case advances substantively.
- Potential Discovery Battles: If the refiled complaint survives, the litigation could enter discovery—a phase where Newsmax may gain access to internal Fox communications. Previous defamation cases revealed internal concerns about losing viewers to Newsmax, which may now be leveraged as evidence of monopolistic intent.
- Broader Implications for Media Antitrust: A successful case could reshape how dominant networks engage with distributors—or at least chill exclusionary contracting. It also underscores the importance of regulatory and legal scrutiny in media consolidation and competitive fairness.
- Fox’s Defense Strategy: Expect Fox to double down on its narrative that Newsmax is using litigation to mask its own shortcomings in viewer appeal and market performance.
Why This Matters for JDJournal Readers
For media law professionals, this case offers a front-row seat to evolving antitrust litigation in broadcast and streaming media. For law students, it highlights the strategic importance of complaint structure—a reminder that even substantive claims can be derailed by procedural missteps. For legal educators, the “shotgun pleading” critique is a compelling case study in drafting and clarity.
Bottom Line
Newsmax is not backing down. Though its initial antitrust suit was dismissed for form rather than substance, the company is poised to reissue a stronger, better-structured claim. This case is more than a legal contest—it’s a battle over how media markets are shaped, who gets access, and how competition is preserved.
Stay with JDJournal as we track this case’s evolution—examining revisions, courtroom maneuvers, and the ripple effects in the media antitrust arena.
