Alliance for a Better Utah and Elevate Strategies, along with founders Joshua Kanter and Gabrielle Finlues, filed a lawsuit on Wednesday against Kevin O'Leary and Fox News. The plaintiffs allege that O'Leary launched a coordinated public campaign accusing them of acting as agents for the Chinese Communist Party to discredit opposition to a proposed data center. The lawsuit further claims that Fox News amplified these accusations.
According to the lawsuit, O'Leary told national television audiences and social media users over several weeks that the plaintiffs were funded by and acting on behalf of the Chinese Communist Party. The filing states that O'Leary claimed to have documentary evidence of this and said he had provided evidence to federal law enforcement. The plaintiffs allege that Fox News broadcast these accusations across multiple programs, providing a national platform for the claims.
The lawsuit asserts that the campaign devastated the reputations of the plaintiffs, damaged their businesses, caused severe emotional distress, and exposed them to physical safety threats. While O'Leary eventually admitted he had no evidence for the claims, the plaintiffs stated this admission only occurred after they issued a legal demand.
Joshua Kanter, founder of Alliance for a Better Utah, stated in a press release that O'Leary used a massive media platform to spread lies that harmed their organizations and livelihoods. Gabrielle Finlayson, founder of Elevate Strategies, said the false accusations of working for a foreign adversary have long-lasting consequences that an apology cannot fix.
In response to the lawsuit, Fox News Media provided a statement to KUTV saying they publicly corrected the record on every program where O'Leary's comments were made and that they will vigorously defend against the lawsuit.