Full Breakdown
Kevin O'Leary and Fox News Sued for Defamation Over Utah Data Center Allegations
7/16/2026, 2:38:02 AM
Defamation Lawsuit Over Utah Data Center Allegations
Two Utah-based groups filed a federal defamation suit in the U.S. District Court for the District of Utah against “Shark Tank” investor Kevin O’Leary and the Fox News Network. The plaintiffs—Alliance for a Better Utah, Elevate Strategies, and their founders Joshua Kanter and Gabrielle Finlayson—assert that O’Leary repeatedly labeled them “agents of the Chinese Communist Party” while they opposed O’Leary’s proposed Stratos Project data center in Box Elder County. The complaint, filed on Wednesday, seeks compensatory and punitive damages for reputational harm, business loss, emotional distress, and threats to personal safety.
Background & Context
O’Leary’s Stratos Project proposes the world’s largest data center near the Great Salt Lake, a development that has sparked intense local opposition and political controversy. In a May 11 interview with Fox News host Maria Bartiromo, O’Leary claimed that opponents were “proxies for the Chinese government” and suggested he possessed documentary evidence. He later walked back the statements in a June 25 social-media post, saying he had no evidence linking the groups or individuals to China. Bartiromo issued an apology the following day, stating Fox News was unaware of any supporting evidence.
Key Figures & Groups
- Kevin O’Leary – Celebrity investor and lead developer of the Stratos Project.
- Fox News Network – Broadcast platform that aired O’Leary’s accusations.
- Alliance for a Better Utah – Community organization founded by Joshua Kanter.
- Elevate Strategies – Political-strategy firm founded by Gabrielle Finlayson.
- Joshua Kanter – Founder of Alliance for a Better Utah and plaintiff.
- Gabrielle Finlayson – Founder of Elevate Strategies and plaintiff.
- Matthew J. Platkin – Former New Jersey attorney general representing the plaintiffs.
- Jeffrey Neiman – Attorney for O’Leary.
Official Statements & Responses
Fox News said it “publicly corrected the record on every program where on-air guest Kevin O’Leary’s comments were made” and will “vigorously defend” against the suit. O’Leary’s counsel, Jeffrey Neiman, said the businessman will “defend the lawsuit vigorously and, when appropriate, intends to bring appropriate counterclaims.” The attorney added that O’Leary had invited the plaintiffs to dialogue, which they declined, characterizing the lawsuit as a “cash grab.”
Criticism & Opposition
Plaintiffs argue the accusations triggered a “week-long smear campaign” that led to online harassment, conspiracy theories, and threats to their physical safety. Their legal filing claims the statements “devastated the plaintiffs’ reputations, damaged their businesses, inflicted severe emotional distress, and exposed them to ongoing threats.” Attorney Matthew Platkin emphasized that the plaintiffs were merely exercising their right to voice concerns about the community’s future, and that O’Leary’s actions constituted “absurd falsehoods” amplified by Fox News.
Conflicting Reports & Gaps
- Evidence Claim: O’Leary initially asserted he possessed documentary proof of Chinese ties, then later admitted no evidence existed after receiving a legal demand.
- Damages: The complaint seeks unspecified compensatory and punitive damages; no monetary figure is provided.
- Fox News Role: Plaintiffs allege the network was “instrumental” in amplifying the false claims, while Fox News maintains it corrected the record on all affected programs.
Verbatim Quotes
- “It’s not. It’s stressful and terrifying.” — Gabrielle Finlayson, founder, Elevate Strategies
- “No American should have to fear having their livelihood destroyed because a TV businessman falsely branded them a foreign agent on national television,” — Matthew J. Platkin, attorney for the plaintiffs
- “Kevin O'Leary didn't just tell lies about us. He used one of the biggest media platforms in the country to repeatedly spread those lies to millions of people,” — Joshua Kanter, founder, Alliance for a Better Utah
- “ "When someone with Kevin O'Leary's platform falsely tells millions of people you're working for a foreign adversary, you don't just move on after an apology," Finlayson continued.” — Gabrielle Finlayson, founder, Elevate Strategies
