On September 12, 2025, conservative media outlet Newsmax Inc. filed a new lawsuit in Wisconsin federal court accusing Fox Corp. and Fox News Network of violating U.S. antitrust laws — a renewed effort launched shortly after a Florida judge dismissed an earlier iteration of the case.
Background: Florida Dismissal
Earlier this month, Newsmax initiated suit in Florida, alleging that Fox leveraged its influence over TV distributors to suppress competition in the market for conservative-leaning pay television content. However, U.S. District Judge Aileen Cannon dismissed that complaint, calling it a “shotgun” filing because its allegations were organized poorly — essentially, the judge found that the complaint combined multiple claims in ways that made it difficult to delineate what exactly Fox was alleged to have done and when.
Despite being given a deadline to correct the defects in the Florida complaint, Newsmax opted instead to drop that case and pursue a fresh filing elsewhere.
The Wisconsin Lawsuit: What’s New and What’s Carried Over
Within about an hour of formally abandoning the Florida complaint, Newsmax filed its suit in the U.S. District Court for the Western District of Wisconsin. Notably, several allegations from the Florida case are preserved, but some are sharpened or expanded.
Here are the key elements:
- Antitrust Allegations: As in the Florida version, Newsmax claims Fox coerced distributors — or used its power over distribution contracts — to force them to exclude Newsmax or otherwise limit its reach.
- Block-Booking Claim: A new federal antitrust claim introduced in Wisconsin is block-booking. Under this allegation, Fox allegedly requires that distributors who want its more popular conservative programs also carry lower-demand Fox content, effectively bundling the desirable with the less desirable. This, Newsmax says, suppresses competition by making it harder for a rival to gain carriage or audience share without also taking on programming that viewers may not want.
Parties & Status
- Plaintiff: Newsmax Broadcasting LLC, started in 1998, launched Newsmax TV as a pay-TV channel in 2014, and went public in 2025.
- Defendants: Fox Corp. and its affiliate Fox News Network.
- Legal Teams: Newsmax is represented by Michael Guzman of Kellogg, Hansen, Todd, Figel & Frederick, and Jennifer Gregor of Godfrey & Kahn.
- As of the filing, Fox had not yet made any public court appearances regarding the new complaint.
Legal and Strategic Implications
- Jurisdiction & Venue Choice
By moving to Wisconsin, Newsmax is presumably seeking a jurisdiction where it believes its legal claims will be treated favorably or where procedural defects can be avoided. The Florida court’s critique focused largely on how the complaint was drafted; Wisconsin offers a fresh forum in which Newsmax can attempt a more tightly framed pleading. - Block-Booking as a Theory
The addition of block-booking allegations could make the case stronger (if proven) because it suggests actual contractual leverage or coercion rather than simply competitive failure. If Newsmax can show that Fox conditioned access to Fox’s popular programming on taking less-desirable content, that could raise concerns under antitrust law about tying or bundling practices. - Market Competition Among Conservative Media
At its core, this lawsuit underscores the increasing litigation around market competition in conservative-oriented media. Newsmax positions itself as an alternative to what it characterizes as Fox’s “establishment platform.” The case, therefore, is about more than just distribution agreements — it implicates how media outlets differentiate, compete, and survive in a crowded space. - Precedential Effects
Depending on how the court handles the Wisconsin case, this could set precedents for how distributors and networks negotiate, especially in politically or ideologically charged media verticals. Contract terms, carriage agreements, and distribution demands could all come under closer scrutiny.
Challenges Newsmax Faces
- Proof Burden: It will need to show that Fox not only pursued contracts or exerted pressure but that they did so in a way that violated specific statutory duties under antitrust law. That generally requires proving harm to competition, measurable market effects, or exclusionary conduct.
- Defendants’ Defense: Fox will likely argue that its choices about programming, distribution, and carriage are legitimate business decisions, possibly that the market is competitive and Newsmax’s difficulties stem from its own performance or content appeal. Indeed, in response to the Florida suit, Fox had said that Newsmax was trying to “sue their way out of their own competitive failures.”
- Procedural Hurdles: The lawsuit must survive motions to dismiss, where defendants often attack standing, specificity of allegations, and whether the conduct alleged is recognized by courts as anticompetitive. The earlier Florida case was dismissed due to ambiguity; Newsmax will want to avoid similar pitfalls.
Looking Ahead
This lawsuit, Newsmax Broadcasting LLC v. Fox Corp. & Fox News Network (Case No. 3:25-cv-00770), will proceed in Western Wisconsin. Its outcome may have broader implications for how media companies negotiate distribution rights, especially for politically charged or niche programming.
For Newsmax, victory could mean broader reach, better carriage terms, and stronger competition in an industry that has long been dominated by a few legacy players. For Fox, defending successfully could reaffirm its control over distribution leverage. And for the broader media landscape, the case could help clarify the legal boundaries for bundling, contract conditioning, and what counts as unfair competition in media markets.
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