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In reply to the discussion: Why is Fox News Allowed To Spread Falsehoods? Seriously, where is the FCC? [View all]onenote
(46,143 posts)130. A myth that refuses to die.
https://www.snopes.com/fact-check/fox-skews/
https://www.politifact.com/factchecks/2014/sep/10/facebook-posts/facebook-post-claims-fox-admits-they-lie-have-righ/
see also: https://www.snopes.com/fact-check/fox-news-entertainment-switch/
If Fox News has been held to the right to lie, why did they settle a libel case brought by Dominion for $737 million?
It's possible you are thinking about the more recent case ( 2020 ) out of the southern district of new york in which Fox News was sued by Karen MacDougal alleging Tucker Carlson defamed her by accusing her of extorting now-President Donald J. Trump out of approximately $150,000 in exchange for her silence about an alleged affair between McDougal and Trump. The suit was dismissed on two grounds: that the statements at issue were rhetorical hyperbole not factual assertions and thus could not be defamatory under a long line of precedent and that the plaintiff had failed to establish "actual malice", a prerequisite for a defamation case against a public figure. The case was focused on Carlson's program, which is not a news program but is an opinion commentary program. The judge did not at any point say that lying and calling it news was protected by the first amendment.
https://www.politifact.com/factchecks/2014/sep/10/facebook-posts/facebook-post-claims-fox-admits-they-lie-have-righ/
see also: https://www.snopes.com/fact-check/fox-news-entertainment-switch/
If Fox News has been held to the right to lie, why did they settle a libel case brought by Dominion for $737 million?
It's possible you are thinking about the more recent case ( 2020 ) out of the southern district of new york in which Fox News was sued by Karen MacDougal alleging Tucker Carlson defamed her by accusing her of extorting now-President Donald J. Trump out of approximately $150,000 in exchange for her silence about an alleged affair between McDougal and Trump. The suit was dismissed on two grounds: that the statements at issue were rhetorical hyperbole not factual assertions and thus could not be defamatory under a long line of precedent and that the plaintiff had failed to establish "actual malice", a prerequisite for a defamation case against a public figure. The case was focused on Carlson's program, which is not a news program but is an opinion commentary program. The judge did not at any point say that lying and calling it news was protected by the first amendment.
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Why is Fox News Allowed To Spread Falsehoods? Seriously, where is the FCC? [View all]
Joinfortmill
Jun 2024
OP
If that was true, why do you suppose such a lawsuit has not been filed and then won?
tritsofme
Jun 2024
#20
So far as I know, there have been no legal attempts to make them scrub "News" from their title
Attilatheblond
Jun 2024
#21
The FD is not what you think it was as explained by onenote many times here on DU over the years.
MarineCombatEngineer
Jun 2024
#67
BTW, did you know that I can pick up a camera and claim I'm an independent news journalist
MarineCombatEngineer
Jun 2024
#55
I'm not Pres. Obama either, but that's a valid point as to why he didn't direct the FCC to examine the issue.
MarineCombatEngineer
Jun 2024
#86
That's not relevant to the FCC as it's still cable, whatever the content is.
themaguffin
Jun 2024
#90
Because the First Amendment. Thankfully it protects us all from authoritarians promoting government censorship.
tritsofme
Jun 2024
#2
Ah yes, an incredibly poor analogy that is of course the favorite of speech restrictionists and authoritarians.
tritsofme
Jun 2024
#11
I'm not too keen on the argument that we have to destroy the Constitution in order to save it.
tritsofme
Jun 2024
#91
That reminds me: it's time to turn off DU and start scrubbing the kitchen floor. NT
mahatmakanejeeves
Jun 2024
#7
I'm getting more and more of those same feelings here at DU lately. Let's tell more of our storys and....
usaf-vet
Jun 2024
#10
This is a stupid story and it only gives DJT more screen time. These two points should have been the focus of the story.
usaf-vet
Jun 2024
#8
Article written by three recent law school graduates who should be given a failing grade.
onenote
Jun 2024
#13
Why can't we just have a simple law that everything I like is protected and everything I don't is banned?
brooklynite
Jun 2024
#19
Yeah, let's give the FCC the power to determine what's real or fake news.
MarineCombatEngineer
Jun 2024
#35
The Fairness Doctrine was overrated and was destined to be ruled unconstitutional.
onenote
Jun 2024
#38
It never applied to cable and it would be struck down by the court immediately if there was any attempt to do so.
onenote
Jun 2024
#48
i've been working in the cable industry since 1981. The FD was struck down in 1987.
onenote
Jun 2024
#60
Cable is privately owned and operated, therefore the govt cannot regulate what can and cannot
MarineCombatEngineer
Jun 2024
#81
I hope you're not suggesting that the internet should be subject to a fairness doctrine or content regulation.
onenote
Jun 2024
#98
Cable operators sell internet access. But most of their subscribers get broadcast stations via cable, not internet.
onenote
Jun 2024
#116
I've worked in the cable industry for 40 years. You are mistaken about the technology.
onenote
Jun 2024
#118
There are those who would argue that the first amendment did suffer under the FD
onenote
Jun 2024
#97
They could certainly seek to promulgate the sort of speech restrictionist policies you seem to prefer.
tritsofme
Jun 2024
#103
That's exactly right. The First Amendment protects us from those with the authoritarian urge to impose government
tritsofme
Jun 2024
#108
they are careful how they phrase lie, talk radio too: "some are saying that Biden has a tail".
BlueWaveNeverEnd
Jun 2024
#122