The network is relying on a nearly 60-year-old Supreme Court ruling that makes it difficult to successfully sue media organizations for libel.
NEW YORK — Fox News is on an unlikely collision course with two leading contenders for the Republican presidential nomination over the rights of journalists.
Eye-catching evidence has emerged from court filings in recent weeks revealing a split screen between what Fox was portraying to its viewers about the false claims of election fraud and what hosts and executives were saying about them behind the scenes. “Sydney Powell is lying,” Fox News host Tucker Carlson said in a text to a producer, referencing one of the attorneys pushing the claims for Trump.
In one example of how the law was applied, editors at the Times acknowledged last year that an editorial mistakenly linked former Republican vice presidential nominee Sarah Palin's rhetoric to an Arizona mass shooting. Palin lost her libel suit because she couldn't prove the newspaper erred without concern for the truth.
“My wish is that the parties would settle and this case would go away,” said Jane Kirtley, director of the Silha Center for the Study of Media Ethics and the Law at the University of Minnesota. “I don't see any good coming out of it.”Dominion says Fox was, in effect, torn between the truth that Joe Biden legitimately won the race and pleasing viewers who wanted to believe Trump's lies.
Dominion’s lawyers say Fox is arguing that it has no legal responsibility for broadcasting even the most horrible allegations, knowing they are false, as long as they are deemed newsworthy. George Freeman, executive director of the Media Law Resource Center, said Fox should cite a lesser-known “neutral reportage” standard that dates back to a court case from the 1970s. It holds that news organizations should not be discouraged from reporting something newsworthy even if there are serious doubts about the truth, as long as that information comes from responsible and prominent sources.
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