Former New Jersey Attorney General Matt Platkin has filed a defamation lawsuit in Utah against businessman and television personality Kevin O’Leary and Fox News, alleging they falsely accused two Utah advocacy organizations and their leaders of acting as agents of the Chinese Communist Party during a contentious fight over a proposed artificial intelligence data center.
Platkin, now the founding partner of Platkin LLP, filed the suit on behalf of Alliance for a Better Utah, Elevate Strategies, and their founders, Joshua Kanter and Gabrielle Finlayson. The complaint alleges that O’Leary orchestrated a public campaign over several weeks, falsely claiming that the plaintiffs were funded by, or acting on behalf of, the Chinese government, in an effort to undermine opposition to his proposed AI data center in Box Elder County.
According to the complaint, O’Leary repeatedly described the allegations as “irrefutable fact,” claimed to possess documentary evidence, and said he had turned that evidence over to federal law enforcement. The lawsuit further alleges that Fox News repeatedly provided O’Leary with a national platform to repeat the accusations across multiple programs.
The plaintiffs contend the allegations wrecked their reputations, damaged their organizations and businesses, caused severe emotional distress, and exposed them to threats to their personal safety.
Only after receiving a legal demand from the plaintiffs, the lawsuit says, did O’Leary publicly acknowledge that he had “no evidence” supporting his claims. Fox News subsequently aired what the complaint describes as O’Leary’s clarification and issued an apology.
“Our clients were exercising their right to express their opinions about the future of their community,” Platkin said in a statement. “Rather than respond to their concerns, Kevin O’Leary chose to launch a national smear campaign built on absurd falsehoods that Fox News repeatedly affirmed and amplified.”
In a statement, FOX News said it “corrected the record on every program where on-air guest Kevin O’Leary’s comments were made, all of which was extensively publicized.”
“We will vigorously defend against this lawsuit,” the statement said.
The lawsuit seeks compensatory and punitive damages, alleging the defendants’ conduct caused significant personal, professional, and economic harm.
The litigation arises amid growing disputes nationwide over the rapid expansion of AI infrastructure, with O’Leary’s proposed Utah data center drawing opposition from ranchers, environmental advocates, elected officials, and community groups concerned about water consumption, energy demand, environmental impacts, and government transparency.
Editor’s note: This story was updated on July 16 at 9:43 AM with a comment from FOX News.
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