- Data center opponents sued Kevin O'Leary and Fox News for defamation.
- O'Leary accused them of Chinese ties, later retracting without evidence.
- Fox News apologized; both parties plan to defend against the lawsuit.
SALT LAKE CITY — Several opponents of the Box Elder County data center project have sued Kevin O'Leary and the Fox News Network for defamation after the businessman claimed opponents had links to China.
O'Leary, who is behind the controversial Stratos Project Area in Box Elder County, suggested that several opponents of the plan had ties to the Chinese government during a May 11 interview with Fox News host Maria Bartiromo. The critics rejected those claims, and O'Leary later backed off on June 25 in a social media post, saying he had no evidence tying two groups and several individuals to China or the Chinese Communist Party.
Bartiromo apologized the following day, saying the network was not aware of any evidence to back up the claims.
"Fox News Media apologizes for the error," she said.
But several of those targeted by the allegations — the Alliance for a Better Utah, Elevate Strategies, Joshua Kanter and Gabrielle Finlayson — sued both entities in U.S. District Court for the District of Utah, saying O'Leary engaged in a "weekslong smear campaign" against them. The lawsuit claims Fox was "instrumental" in the effort.
"No American should have to fear having their livelihood destroyed because a TV businessman falsely branded them a foreign agent on national television," said Matthew Platkin, a former attorney general of New Jersey who is representing the plaintiffs. "Our clients were exercising their right to express their opinions about the future of their community. Rather than respond to their concerns, Kevin O'Leary chose to launched a national smear campaign built on absurd falsehoods that Fox News repeatedly affirmed and amplified."
A lawyer for O'Leary said the businessman plans to defend the lawsuit "vigorously and when appropriate, intends to bring appropriate counterclaims."
"He clarified his remarks weeks ago and invited these organizations and individuals to sit down with him and discuss the project directly. They declined," Jeffrey Neiman said. "Offered dialogue, they chose a courtroom — because this was never about reputation. It is a cash grab, and the second one: Within days of the statements at issue, the plaintiffs were fundraising off of them."
Fox News Media also said it would fight back in court.
"Fox News Media publicly corrected the record on every program where on-air guest Kevin O'Leary's comments were made, all of which was extensively publicized," the company said. "We will vigorously defend against this lawsuit."
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