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Tucker Carlson Show Isn't News, Fox Says In Slander Suit
Law 360 ^ | June 17, 2020 | Frank G. Runyeon

Posted on 06/18/2020 2:00:01 PM PDT by Lurking Libertarian

Law360, New York (June 17, 2020, 10:47 PM EDT) -- Fox News told a Manhattan federal judge on Wednesday that its star Tucker Carlson did not slander an ex-Playboy model as an extortionist who targeted President Donald Trump, because no reasonable viewer would believe Carlson was stating facts, just opinions.

Seeking to dismiss the defamation case, counsel for the news network told U.S. District Judge Mary Kay Vyskocil that a segment airing on "Tucker Carlson Tonight" could not have slandered Karen McDougal, who claims President Trump paid to silence her about an affair, because Carlson is a commentator, not a straight news reporter and he was using rhetorical flourishes, not actually accusing her of extortion.

"Would a reasonable viewer be coming here and thinking this is where I'm going to be hearing the news of the day?" said Erin E. Murphy of Kirkland & Ellis LLP, representing Fox News Network LLC, whose filing calls Carlson's words "hyperbolic opinion commentary" not "sober factual reporting."

Last week, Carlson's was the most-viewed cable news show in the country, with 4 million viewers, according to media reports citing Nielsen ratings.

"In terms of the forum, it's not the front page of The New York Times. It's 'Tucker Carlson Tonight.' It is a commentary show," Murphy said. "Where you're going to hear opinion and spirited debate."

(Excerpt) Read more at law360.com ...


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events
KEYWORDS: carlson; fox; slander; tucker; tuckercarlson
Under current defamation law, it's almost impossible to sue over statements of "opinion," so libel defendants usually rely on that defense.
1 posted on 06/18/2020 2:00:01 PM PDT by Lurking Libertarian
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To: Lurking Libertarian

Hey, it worked for Rachel Maddow.


2 posted on 06/18/2020 2:01:04 PM PDT by A_perfect_lady (The greatest wealth is to live content with little. -Plato)
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To: Lurking Libertarian

Can’t Tucker declare he is a Google and be immune from lawsuits?


3 posted on 06/18/2020 2:04:07 PM PDT by 2banana (Common ground with islamic terrorists-they want to die for allah and we want to arrange the meeting)
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To: Lurking Libertarian

Tucker does not belong to Fox News news division. If he did, he would not be allowed to say what he says. He would have to be like the Ed and Sandra morning gig and be a Trump hater.


4 posted on 06/18/2020 2:04:08 PM PDT by centurion316
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To: A_perfect_lady
Yup.
And Rachel Maddow was an out and out made up slander.
Tucker Carlson not so.
Karen McDougal was and is an extortionist. No question. Proving it is another matter.
5 posted on 06/18/2020 2:08:29 PM PDT by SmokingJoe
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To: 2banana

Section 230 doesn’t apply to TV news.


6 posted on 06/18/2020 2:09:35 PM PDT by SmokingJoe
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To: Lurking Libertarian

Problem is regular news no longer does sober factual reporting, as opinion has crept into everything they do, so a real opinion show today looks/appears more like a news show.

Its not that opinion shows have changed, its the news shows that have changed and look closer to opinion shows.


7 posted on 06/18/2020 2:10:38 PM PDT by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: Lurking Libertarian

Another scorned woman. I glad I’m not rich.


8 posted on 06/18/2020 2:32:55 PM PDT by oldbrowser (The government did not create the people. The people created the government)
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To: Lurking Libertarian

Atractive but something is clearly not right behind those eyeballs.
9 posted on 06/18/2020 2:37:54 PM PDT by moehoward
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To: Lurking Libertarian

Interesting tactic. I gave up the msm 5 years ago. But I watched Tucker all last week on YT)


10 posted on 06/18/2020 2:38:13 PM PDT by HollyB
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To: HollyB

This past week Tucker has been absolutely hysterical, I have laughed so hard tears were coming down my face his commentary over CHAZ / CHOP has been SO FUNNY!! The reporter reporting on CHAZ / CHOP is funny also the two of them together are GREAT!!!


11 posted on 06/18/2020 2:45:01 PM PDT by Trump Girl Kit Cat (Yosemite Sam raising hell)
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To: Trump Girl Kit Cat

That was a great episode !! We all needed that laugh


12 posted on 06/18/2020 3:56:48 PM PDT by HollyB
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To: Lurking Libertarian

And Tucker regularly states plainly that his show is opinion, not news. He makes no claims to be a “news caster,” unlike Don LaMon.

Mark


13 posted on 06/18/2020 5:45:57 PM PDT by MarkL (Do I really look like a guy with a plan?)
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