O'Leary and Fox News Moved to Dismiss Defamation Suit
The defendants filed motions to dismiss a lawsuit alleging defamatory remarks regarding data center opponents.
Updated on Sept. 25, 2026 in Data Centers
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Kevin O'Leary and Fox News have filed motions to dismiss a defamation lawsuit currently active in the U.S. District Court in Salt Lake City. The plaintiffs, including Joshua Kanter and Gabrielle Finlayson, filed the case on July 15, 2026, following claims that O'Leary linked them to the Chinese government.
Why it matters
The lawsuit centers on whether statements made during political debates about 9.5 gigawatts of proposed data center power capacity constitute actionable defamation. The defendants contend that O'Leary's comments were protected rhetorical hyperbole and that Fox News was merely providing varied viewpoints.
The controversy stems from a debate over the local power grid, which faces a demand for 9.5 gigawatts of proposed capacity to support expanding data center infrastructure. The legal proceedings specifically examine statements made across 10 distinct media appearances.
The players
Kevin O'Leary
He is a venture capitalist and television personality who provided commentary on the data center controversy.
Fox News
This is a national cable news network that hosted the interviews in question.
Joshua Kanter
He is one of the plaintiffs who filed the defamation lawsuit in federal court.
Maria Bartiromo
She is a journalist and television host who conducted the interview and later read an apology.
Gabrielle Finlayson
She is a named plaintiff in the defamation lawsuit regarding statements about China-linked funding.
The details
O'Leary admitted on June 25, 2026, that he had no evidence of Chinese funding for the plaintiffs, leading Fox News to issue on-air corrections across five different programs. While O'Leary argues his previous remarks were opinion-based, the plaintiffs maintain they were falsely and harmfully linked to the Chinese government during the data center power dispute.
Timeline
May 11, 2026: Kevin O'Leary makes comments during a Fox News interview.
June 5, 2026: Plaintiffs formally send a correction demand to Fox News.
June 25, 2026: Kevin O'Leary posts a message retracting his earlier claims.
June 26, 2026: Fox News issues on-air apologies regarding the matter.
July 15, 2026: The lawsuit is filed in the U.S. District Court in Salt Lake City.
The Tech Race
This case follows a pattern set by the Sullivan standard regarding the legal threshold for proving defamation in public discourse. It highlights the rising tension between private infrastructure development and the rhetoric used during public debates over energy consumption.
The outcome of this case may influence how media outlets manage political commentary regarding local industrial projects. Residents in areas like Box Elder County may observe shifts in how data center proposals are debated and covered in the media moving forward.
The takeaway
This case underscores the intense public scrutiny surrounding the massive power requirements of modern data centers. It also highlights the legal risks corporations and commentators face when using unverified claims during public debates.
Further reading
For more on the local implications of regional infrastructure, visit Data Centers.
Source note: This article includes information reported by KSL.
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