We live in unparalleled times and certainly that is true with respect to the twin narratives of reality which exist in this country in broadcast media and print. All of that may come to a head soon. A trial date for early 2023 has already been set in the Dominion v. Fox libel suit and depositions of Fox News executives and air talent are taking place. Sean Hannity will be deposed on Wednesday and Tucker Carlson on Friday. Lou Dobbs is set for Tuesday and Jeanine Pirro, Steve Doocy and several high-level Fox producers have already been deposed. New York Times:
The depositions are among the clearest indications yet of how aggressively Dominion is moving forward with its suit, which is set to go to trial early next year, and of the legal pressure building on the nation’s most powerful conservative media company. There have been no moves from either side to discuss a possible settlement, people with knowledge of the case have said.
It is common for large media companies like Fox to settle such cases well before they reach the point where journalists or senior executives are forced to sit for questioning by lawyers from the opposing side. But both Dominion and Fox appear to be preparing for the likelihood that the case will end up in front of a jury.
The suit accuses Fox of pushing false and far-fetched claims of voter fraud to lure back viewers who had defected to other right-wing news sources. In its initial complaint, Dominion’s lawyers framed their lawsuit as a matter of profound civic importance. “The truth matters,” they said, adding, “Lies have consequences.”
The judge overseeing the case allowed Dominion in late June to expand the suit to include the cable news network’s parent company, Fox Corporation, potentially broadening the legal exposure of both Murdochs.
Fox is of course arguing that the First Amendment protects their claims that Dominion was the pawn of deceased dictator Hugo Chavez and that its machines had a flip flop feature, which could allow votes for one candidate to be flipped to another. Dominion’s argument is that Fox repeatedly aired conspiracy theories about the company’s purported role in a plot to steal votes from Donald Trump, and argues that its business has suffered considerably as a result.
Defamation is extremely difficult to prove in a case like this because of the broad constitutional protections that cover the news media. A company like Dominion has to prove either that a media outlet knew what it was publishing or broadcasting was false, or that it acted so hastily it overlooked facts proving that falsity, a legal standard known as demonstrating a “reckless disregard for the truth.”
Dominion’s legal strategy, which it has detailed in court filings, hinges on getting testimony and unearthing private communications between Fox employees that prove either such recklessness or knowledge that the statements were false.
Perhaps I’m overly naive, but I have always thought that it would be a great service to this country if Fox News would simply advertise on its chyron, “This is an entertainment company and opinions shared on topics of the day are meant as entertainment and not to be construed as having to do with actual news or reality.” Words to that effect. I don’t know if we’ll ever see anything like that, but it certainly would nip all this in the bud, wouldn’t it? And it’s not unreasonable. Fox’s own lawyers won a case, stating:
“Whether the Court frames Mr. Carlson’s statements as ‘exaggeration,’ ‘non-literal commentary,’ or simply bloviating for his audience, the conclusion remains the same — the statements are not actionable.”
Just put it on a chyron, “I’m sitting here bloviating and bullshitting, this isn’t real.” Maybe putting the word “News” in Fox News in quotes would help as well.
Having sat through a six hour deposition, in a lawsuit that had no merit, & one I won, I can tell you it’s not a fun experience. In my case, I knew I had done everything by the book, & the court agreed. Nonetheless the other side was relentless. I can’t imagine how I would have felt if I knew I was guilty, as these asshats are. They will settle if Dominion agrees, which they may not. Given our non reading public, the gutted public schools, the rise of home schooled propaganda factories, the rise of shallow media streams full of ignorant pissants spreading lies, and presto! You have fertile ground for cult membership. I hope Dominion takes it to the limit.
😀
Just change the spelling a bit to “Faux News”.
The mullet-heads who watch it will think it’s a high-brow spelling.
Just an aside – I saw an article today about a new hairdo called the octopus. It’s basically a neon dyed mullet with a little more styling. No thanks.
Oh. I thought you were throwing out a new nickname for the pussy grabber. My bad.
Calling liar tuck and that other asshole “journalists” is about the dumbest thing I’ve read in the last….five minutes. NY Times published that? Wow. I thought their fact checkers were better than that.
Hannity may already be in hot crap doo because of his extensive fore knowledge of events on Jan 6. I hope they nail his sorry demeanor!