And the judge in the case agreed, writing: “Fox persuasively argues that given Mr. Carlson’s reputation, any reasonable viewer arrive(s) with an appropriate amount of skepticism about the statements he makes.”
You don’t need a law degree to disambiguate the judge’s opinion. It translates as “Look, Tucker is a clown, and reasonable people can be entertained by clowns.”
If the Fox-is-a-clown-car defense has worked in the past, the company’s defense against Dominion has most assuredly moved to the high wire.
This time, with deposition testimony showing indisputably that Fox knew assertions by Trump sycophants about election fraud were, in the words of its own hosts and executives, “complete bullsh*t,” “mind-blowingly nuts,” and the bleatings of “f-ing lunatics,” the company line is that Dominion is being duplicitous.
“Dominion has mischaracterized the record, cherry-picked quotes stripped of key context and spilled considerable ink on facts that are irrelevant under black-letter principles of defamation law,” a Fox spokesperson said.
Anyone who’s buying that argument would have to be unaware that Fox News remains the undisputed cherry-picking champion on the media landscape, and has been for decades. When ratings indicated that its viewers were enjoying visual evidence of unrest in the streets of American’s left-leaning cities in 2020, for example, Fox did what Fox does.
No one needs to plow through the relevant texts to understand that Fox will do anything to keep the attention of its MAGA wing audience, including lie to them, because thanks to Dominion, Rupert Murdoch is on record saying it himself.
“In fact, you are now aware that Fox endorsed this false notion of a stolen election?” the CEO was asked by Dominion lawyers. Murdoch dodged that Fox, as an entity, did not, but that its hosts did, a distinction without a difference.
So they knew Trump was bluffing and they knew Rudy Giuliani was making things up and they knew Sidney Powell was lying and they knew Dominion execs were getting death threats, but they continued to make their gigantic platform available to shameless nut jobs so that their MAGA audience would not abandon them.
Asked in the deposition if he could have stopped it, Murdoch said flatly: “I could have, but I didn’t.”
So finally, on Jan. 6, 2021, thousands of rioters entered the Capitol, people were killed, and Trump watched it all on Fox News. What is the proper penalty, the proper judgment, for Fox’s role in all of that? The hopeful among us will say that’s not the point. The point is to change the national conversation.
Laurence Tribe, legal scholar, talking on cable news the other night, said the most important thing that can come out of all this is resurrecting belief in the truth.
Well I’m for that; I just find the prospect unreasonable.
