One America Network attempted to do an end run around possible legal exposure for airing Mike Lindell’s big lie documentary, “Absolute Proof” by doing a lengthy disclaimer before the show. Ironically, the disclaimer may be the very thing to land a Dominion lawsuit on their doorstep. Mother Jones:
… the OAN disclaimer might not work. In fact, it might make things worse for this media organization, which in recent years practically made Giuliani a correspondent as he advanced one Trump-aiding conspiracy theory after another. Tom Clare, the lawyer for Dominion, has recently hinted that the firm is not done filing lawsuits. He has publicly said that Dominion will probably bring cases against other media companies and personalities. The company has sent letters demanding the preservation of records to OAN, Newsmax, the Epoch Times, and several right-wing media personalities, including Sean Hannity, Rush Limbaugh, Maria Bartiromo, and Greg Kelly.
On Friday afternoon, I asked Clare, “What do you make of the OAN disclaimer….Does that afford OAN any protection?” His reply indicates that the disclaimer stunt will likely make things worse for OAN:
“Nice try” by OAN, but it definitely does not relieve them of liability. To the contrary, we warned them specifically and in writing that they would be broadcasting false and defamatory statements of fact if they broadcast the program, and they made the affirmative decision to disregarded that warning and broadcast it anyway. Other outlets have refused to host it. Textbook actual malice.–Malice—that’s often a key element in a defamation or libel case. If Dominion had been leaning toward suing OAN, it appears that airing the MyPillow Magical Conspiracy Theory Show with this disclaimer might settle the matter for the voting machine company. “It’s safe to say OAN is on our list—especially after this debacle,” Clare added. And Lindell himself should probably prepare to hear from the company.
Looks like the bill has finally come due.
With compounded interest attached.
I don’t recall the specific wording but the very end of that disclaimer seemed to me (I’m not a lawyer) like it might have nullified the whole disclaimer. I hadn’t even considered the malice issue and am kicking myself in the butt over that! Here’s a fun question though. Is it possible that given their Trump connections (it seems they’ve been in negotiations with him) that they might have decided to rely on some Trump hack lawyer he knew up in NYC for legal advice. And to write that disclaimer. I for one would find it both ironic and amusing if OAN winds up losing it all because they used some hack lawyer – one of TRUMP’S guys from his pre President days. Like that Kascowitz dude!
I wouldn’t call your proposition a mortal lock but given how many lawyers have been running from the more reckless Trumpists, I’d call it a strong possibility.
OAN is complete and utter trash posing as a news outlet. I have wacko FB “friends” that I keep tabs on who love to quote them as “proof” of one poisonous idea or the other. A week or so later they get put in their place by FB fact-checkers. I hope they go down in flames!
Oh please pretty please Dominion, sue the ass off OAN. It’s a 2-bit operation which cannot afford a serious lawsuit such as you’ve mounted against Ghouliani. Just the legal fees alone would kill the company, never mind a nice fat settlement. How better to send a message to rightwingding peddlers of lies and hatred?
Might just do it if OAN insists on being too cute. They need to make big enough examples to discourage repeats of this behavior.
Does it strike anyone else how in shock the Trumpists are over how things have changed, albeit in a different manner than us? The trial balloon metaphor is apt, as they’ve gotten far too used to operating with unofficial impunity. Now, though…now they’re finding out how little sway, power or partnership they ever had with Big Business.
I’m beginning to think that maybe the best defence against fascism is aggrieved capitalism.