Tuesday, February 28, 2023

Meanwhile, in Dominion v. Fox

Proof t[he people running the country’s most popular news network knew Mr. Trump’s claims of voter fraud in the 2020 election were false but broadcast them anyway in a reckless pursuit of ratings and profit] would help Dominion clear the high legal bar set by the Supreme Court for defamation cases. To prevail, Dominion must show not only that Fox broadcast false information, but that it did so knowingly. A judge in Delaware state court has scheduled a monthlong trial beginning in April.

  NYT
New court filing: Rupert Murdoch deposition transcript.
Murdoch not only admitted the hosts were pushing lies about the election, he suggested it was helping Fox make money. [...] One of Dominion’s lawyers asked Murdoch if he could have ordered people like Giuliani and Powell off the air. “I could have,” Murdoch responded. “But I didn’t.”

[...]

He was more explicit as to why when discussing Mike Lindell, the election-denying pillow salesman.

[...]

“The man is on every night. Pays us a lot of money,” Murdoch testified of Lindell. “At first you think it’s comic, and then you get bored and irritated.”

Murdoch said he wants to keep Lindell’s advertisements on the air, and when asked why Fox continues to give Lindell a platform, said, “It is not red or blue, it is green.”

  Rolling Stone
The document also described how Paul D. Ryan, a former Republican speaker of the House and current member of the Fox Corporation board of directors, said in his deposition that he had implored Mr. Murdoch and his son Lachlan, the chief executive officer, “that Fox News should not be spreading conspiracy theories.” Mr. Ryan suggested instead that the network pivot and “move on from Donald Trump and stop spouting election lies.”

[...]

On Jan. 5, 2021, the day before the attack at the Capitol, Mr. Murdoch and Suzanne Scott, the chief executive of Fox News Media, talked about whether Mr. Hannity and his fellow prime-time hosts, Tucker Carlson and Laura Ingraham, should make it clear to viewers that Mr. Biden had won the election.

  NYT
January 5, huh? Gee, you don't suppose Murdoch and Scott knew what was going to happen on January 6 do you?
According to the filing, Ms. Scott said of the hosts, “Privately they are all there,” but “we need to be careful about using the shows and pissing off the viewers.” No statement of that kind was made on the air.

Dominion details the close relationship that Fox hosts and executives enjoyed with senior Republican Party officials and members of the Trump inner circle, revealing how at times Fox was shaping the very story it was covering.

[...]

At one point, Dominion’s lawyers accuse Ms. Pirro, who hosted a Saturday evening talk show, of “laundering her own conspiracy theories through Powell.” The filing goes on to say Ms. Pirro bragged to her friends “that she was the source for Powell’s claims.” Dominion notes that this was “something she never shared with her audience.”

[...]

Dominion also describes how Mr. Murdoch provided Mr. Trump’s son-in-law and senior adviser, Jared Kushner, with confidential information about ads that the Biden campaign would be running on Fox.
Do I smell a new lawsuit coming?
The filing on Monday included a deposition by Viet Dinh, Fox Corporation’s chief legal officer, who was one of the many senior executive cautioning about the content of Fox’s coverage.

[...]

When asked in his deposition if Fox executives had an obligation to stop hosts of shows from broadcasting lies, Mr. Dinh said: “Yes, to prevent and correct known falsehoods.”
I wonder if he's still the chief legal officer. Or employed by Fox at all. I also wonder what his legal basis for that opinion is.
“There appears to be a pretty good argument that Fox endorsed the accuracy of what was being said,” said Lee Levine, a veteran First Amendment lawyer who has defended major media organizations in defamation cases. He added that Fox’s arguments were stronger against some of Dominion’s claims than others. But based on what he has seen of the case so far, Mr. Levine said, “I’d much rather be in Dominion’s shoes than Fox’s right now.”
...but hey, do what you want...you will anyway.

UPDATE 09:14 am:


No shit.

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