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☆ Opinion | We Will Never Be Rid of Tucker Carlson
▼ + stars: | 2023-04-28 | by ( Jason Zengerle | ) www.nytimes.com time to read: +3 min

Enter Mr. Carlson. “It’s true you have better hair than I do,” Mr. Carlson recalled Mr. Trump telling his answering machine. Mr. Carlson, who’d never met or spoken to Mr. Trump, was amused. Mr. Carlson had two motivations for not joining in the chorus denouncing Mr. Trump. Mr. Carlson’s openness to Mr. Trump also had something to do with his own ideological journey.

The day before Dominion Voting Systems’ defamation trial against Fox News was set to begin in a Delaware courthouse, the Fox board of directors and top executives made a startling discovery that helped lead to the breaking point between the network and Tucker Carlson, one of its top stars. Private messages sent by Mr. Carlson that had been redacted in legal filings showed him making highly offensive and crude remarks that went beyond the inflammatory, often racist comments of his prime-time show and anything disclosed in the lead-up to the trial. Despite the fact that Fox’s trial lawyers had these messages for months, the board and some senior executives were now learning about their details for the first time, setting off a crisis at the highest level of the company, according to two people with knowledge of the discussions. The discovery added pressure on the Fox leadership as it sought to find a way to avoid a trial where Mr. Carlson — not to mention so many others at the network — would be questioned about the contents of the private messages they exchanged in the aftermath of the 2020 presidential election.

☆ Tucker Carlson is gone but Fox News' politics remain the same
▼ + stars: | 2023-04-25 | by ( Zachary B. Wolf | ) edition.cnn.com time to read: +9 min

CNN —Fox News had plenty of reasons to get rid of Tucker Carlson. CNN’s Allison Morrow notes that Fox will need a Carlson upgrade of some kind because upstart conservative networks want into the same space. ET hour on Fox, and if it is any indication, there won’t be much new in the politics that are pushed on Fox’s viewers. On-screen, the words were “Biden’s Legacy: Crime in the Cities.”Related: Here’s a CNN Fact Check on the crime in Manhattan, which far below record levels. Biden legacy 2After declaring crime to be Biden’s legacy, Kilmeade transitioned.

☆ Fox News’ sudden firing of Tucker Carlson may have come down to one simple calculation
▼ + stars: | 2023-04-25 | by ( Oliver Darcy | ) edition.cnn.com time to read: +5 min

In the hours following Carlson’s abrupt dismissal from the right-wing channel, a number of explanations have emerged — all with plausibility. One veteran television news executive told me that they believed the decision came down to a straightforward calculation by the Murdochs: Risk versus reward. It is pretty much enshrined as a law of physics in the universe of right-wing media that whoever the Murdochs put in prime time will rate. All that said, Carlson will test the hypothesis that Fox News as a brand trumps any single personality. Carlson is a force unlike any other in right-wing media and politics.

☆ Tucker Carlson and Don Lemon Hire a Top Hollywood Lawyer
▼ + stars: | 2023-04-25 | by ( Katie Robertson | ) www.nytimes.com time to read: +1 min

Tucker Carlson and Don Lemon, freshly ousted from their perches at top cable networks, have hired the same powerhouse lawyer to navigate their exits. The prominent Hollywood lawyer, Bryan Freedman, has a track record of getting multimillion-dollar settlements for TV stars and other celebrities. The news that both Mr. Carlson, until recently Fox’s top-rated prime time star, and Mr. Lemon, until recently one of CNN’s morning hosts, had retained Mr. Freedman portended possible fights ahead. Mr. Freedman, who is based in Los Angeles, founded the law firm Freedman and Taitelman with Michael Taitelman in 1997.

☆ Tucker Carlson’s departure won’t change Fox News
▼ + stars: | 2023-04-25 | by ( Allison Morrow | ) edition.cnn.com time to read: +4 min

But if history is any guide, there’s one thing we can count on: Cutting Tucker Carlson loose is not a sign that Fox is ready to change its ways. He regularly brought fringe, racist talking points such as the “great replacement” conspiracy theory into the mainstream. The content on “Tucker Carlson Tonight” made “The O’Reilly Factor” look like “Leave It to Beaver.”That strategy wasn’t a new one for Fox. “There will be a new Tucker Carlson, and it’s a good bet he or she will be even worse,” wrote David A. Graham in The Atlantic. Tucker Carlson, left, and former President Donald Trump, talk while watching golf.

Dropping anchorsFox News’s firing of Tucker Carlson, the most popular prime-time host in cable news, sent shock waves through the media and political spheres yesterday. Few had thought that repercussions from Fox’s $788 million defamation settlement with Dominion Voting Systems would reach Mr. Carlson, who commanded a following of millions and has the ear of Donald Trump. But Fox and Rupert Murdoch, who are used to courting controversy and legal settlements as the costs of doing business, may be betting that getting rid of Mr. Carlson is the smarter financial move. Since gaining his prime-time show in 2017, Mr. Carlson became the brightest star in the Fox News orbit, with “Tucker Carlson Tonight” averaging over three million viewers every night. (Shares in Fox Corporation fell 3 percent yesterday — more than they did after the company settled with Dominion last week.)

Carlson, the highest-rated single host at Fox News, did not respond to multiple requests for comment. The decision to part ways with Carlson was made Friday evening by Fox Corporation chief executive Lachlan Murdoch and Fox News chief executive Suzanne Scott, a person familiar with the matter said. During his time as a prime time host on Fox News, Carlson ascended to become one of the most influential figures inside the GOP. In a text on Nov. 5, 2020 — two days after the 2020 election — Carlson wrote his producer Alex Pfeiffer: “We worked really hard to build what we have. Last month, she sued Fox News, Carlson, his executive producer Justin Wells and other figures, as well as Fox’s parent corporation.

☆ What Tucker Carlson Leaves Behind as He Is Shown the Door
▼ + stars: | 2023-04-24 | by ( Nicholas Confessore | ) www.nytimes.com time to read: +2 min

Mr. Carlson’s departure upended Fox’s lucrative prime-time lineup and shocked a media world far more accustomed to his remarkable staying power. When Russia invaded Ukraine, Mr. Carlson’s show frequently promoted the Kremlin’s point of view, attacking U.S. sanctions and blaming the conflict on American designs for expanding NATO. The drought of premium advertisers on “Tucker Carlson Tonight” — driven away by boycotts targeting his more racist and inflammatory segments — did not seem to dent his standing within the network, so long as the audience stuck around. Disdainful of the cable network’s top executives, Mr. Carlson cultivated the impression that he was close to the Murdoch family and, perhaps, untouchable. But he prospered in tandem with Mr. Trump’s presidency, as the New York real estate tycoon made frank nativism and seething cultural resentment the primary touchstones of conservative politics.

☆ A Chastened, Humbled Fox News? Don’t Count on It.
▼ + stars: | 2023-04-22 | by ( Jeremy W. Peters | ) www.nytimes.com time to read: +1 min

Mr. Murdoch said then that he wanted to make Mr. Trump a “non person.” And as recently as January, when he was deposed as part of Dominion Voting Systems’ defamation lawsuit against Fox, his feelings hadn’t changed. “I’d still like to,” Mr. Murdoch said. But Fox’s audience — the engine of its profits and the largest in all of cable — may not let him. And there probably won’t be much of a shift in the way the network favorably covers Mr. Trump and the issues that resonate with his followers. “You can’t tell people, ‘Do anything to get a rating, but don’t cover the most popular figure in the Republican Party.’”

The actual malice standard creates breathing room for public debate by protecting accidental misstatements about powerful people while still allowing for liability for intentional lies. But public officials and public figures, whom we expect to tolerate sharp public criticism, must also show in a defamation case that the speaker didn’t just inadvertently misspeak, but intentionally published falsehoods. From the start of the Dominion lawsuit, Fox News had pressed an argument that would have created a form of actual malice on steroids, preventing accountability altogether. Carefully calibrated doctrines protect neutral reporting and require courts to examine whether an outlet goes beyond reporting to endorsing falsehoods. There has actually been a movement to revisit the actual malice standard but in favor of narrowing it — or even eliminating it altogether — rather than expanding it.

☆ Dominion’s CEO: Why We Settled the Fox News Lawsuit - The New York Times
▼ + stars: | 2023-04-21 | by ( John Poulos | ) www.nytimes.com time to read: +1 min

On Tuesday, when we proudly walked into the Delaware Superior Court, we were going to trial. We knew our case was incredibly strong, and I still believe that at the end of the six-week trial, the jury most likely would have agreed. We had reviewed more than a million internal Fox documents and deposed dozens of people, and Fox’s legal team had reviewed more than a million of ours. At trial, we weren’t expecting any more shocking revelations — we frankly didn’t need any more. The settlement we negotiated accomplished two critical goals: allowing our employees and customers to move forward, and hitting Fox where it hurt most — its bank account.

☆ Smartmatic could be Fox’s next big problem
▼ + stars: | 2023-04-20 | by ( Jennifer Korn | ) edition.cnn.com time to read: +3 min

New York CNN —Fox News’ legal battle with Dominion Voting Systems is over. It now has to deal with Smartmatic, which is seeking billions of dollars more than its rival wanted in damages. Dominion wanted “only” $1.6 billion and settled with Fox for $787 million Tuesday. Both lawsuits focus on Fox News’ coverage of the 2020 election, including lies about voter fraud. “Dominion’s litigation exposed some of the misconduct and damage caused by Fox’s disinformation campaign,” Smartmatic lawyer Erik Connolly said in a statement after the settlement.

☆ The $787.5 million settlement Fox has to pay is a big nut. But Fox's net cost for that will be much less.
▼ + stars: | 2023-04-20 | by ( Jeanne Sahadi | ) edition.cnn.com time to read: +3 min

Here’s why:Settlement payments are tax deductible if the company pays out of pocket. The corporate income tax is also about dollars and cents, not about judging behavior that led to the business expense in the first place. “Our income tax measures income, not probity,” said business tax expert Steven Rosenthal, a senior fellow at the Urban-Brookings Tax Policy Center. In addition, “Fox also may deduct their settlement payments for state and local income tax purposes,” Rosenthal noted. If Fox pays for an insurance policy that it expects will reimburse it for its settlement costs, then it may not deduct the cost of the settlement payment.

☆ Opinion | Did Fox News Just Pay for the Privilege of Continued Corruption?
▼ + stars: | 2023-04-20 | by ( David French | ) www.nytimes.com time to read: +3 min

The settlement reflects Fox’s abandonment of even the most minimal journalistic standards. The headline stated that “Fox News Media, Dominion Voting Systems reach agreement over defamation lawsuit,” but it didn’t state the amount of the settlement and instead mainly focused on the judge’s compliments of Fox’s legal team. Some of them, including members of his legal team, made false and unsubstantiated claims against Dominion Voting Systems and are the subject of separate defamation lawsuits. In the meantime, many of the viewers who keep the company so very profitable won’t know anything meaningful about the Dominion settlement or Fox’s lies — because Fox won’t tell them. While this newsletter is admittedly rather bleak even in the face of Fox’s decisive court defeat, the story is far from over.

Fox can take a tax deduction from the settlement, Lever News reports. U.S. tax law allows companies to write off at least some portion of settlement fees as part of the cost of doing business. (There are some exceptions, including for cases involving accusations of sexual harassment or abuse with nondisclosure agreements; Fox News has paid out settlements involving those in the past.) It is unclear how much Fox will save, though a spokesman confirmed that tax deductibility is at play. Lever News estimated that the company could reap as much as $213 million in tax savings.

☆ Fox Has Settled One Voting Machine Company’s Defamation Case. Another Looms.
▼ + stars: | 2023-04-19 | by ( Erin Mulvaney | ) www.wsj.com time to read: 1 min

Photo: Mark Makela/ReutersFox Corp.’s decision to pay $787.5 million to settle a defamation dispute with Dominion Voting Systems gave voting-machine company Smartmatic USA Corp. a potential blueprint for its own case against the conservative media empire, legal experts say. Just like Dominion, Smartmatic is accusing Fox’s news networks of airing defamatory comments about its products in the aftermath of the 2020 presidential election, including that the voting-machine company helped rig the outcome in favor of Joe Biden. The $2.7 billion lawsuit is pending in New York state court.

April 19 (Reuters) - Fox News on Tuesday disposed of one legal threat with its $787.5 million defamation settlement with Dominion Voting Systems, but the network still faces a $2.7 billion lawsuit from another voting technology company, Smartmatic USA, over its coverage of debunked election-rigging claims. REUTERS/Shannon Stapleton/File PhotoSmartmatic is seeking $2.7 billion in damages from Fox and five individuals, including former Trump lawyers and hosts. Smartmatic alleges in its lawsuit in New York County Supreme Court that the defendants knowingly spread false claims that its software was used to flip votes. Conspiracy theorists erroneously claimed Smartmatic owned Dominion, and the companies mounted similar allegations in their lawsuits. Fox denies the allegations, saying in a recent statement the network had a right to report on highly newsworthy allegations of voter fraud.

☆ What’s next for Fox and Dominion? More lawsuits seeking accountability for corrosive 2020 election lies
▼ + stars: | 2023-04-19 | by ( Marshall Cohen | ) edition.cnn.com time to read: +3 min

Wilmington, Delaware CNN —Dominion Voting Systems’ blockbuster defamation case against Fox News is over after the right-wing network cuts a check for a staggering $787 million, but there’s still an avalanche of pending lawsuits that are seeking accountability from the right-wing figures who championed false claims about the 2020 election. Smartmatic, another voting technology company, sued Fox for defamation following the 2020 election and is seeking $2.7 billion in damages from Fox and other defendants. Dominion still has a bevy of pending lawsuits against 2020 election deniers. “All of those decisions will have a huge bearing on those lawsuits as they play out,” Dominion lawyer Davida Brook told CNN Tuesday night. Dominion lawyer Justin Nelson added in a CNN interview that the Fox News settlement “sends a message to the other seven lawsuits that accountability is coming.”

☆ Dominion isn’t Rupert Murdoch’s costliest legal defeat. Not even close
▼ + stars: | 2023-04-19 | by ( Julia Horowitz | ) edition.cnn.com time to read: +5 min

But for now, the price tag attached to the Dominion case isn’t the worst Fox chairman Rupert Murdoch has had to stomach. A phone hacking scandal involving Murdoch’s tabloid newspaper empire in the United Kingdom has proven much more costly over the past decade or so. It looked at legal fees and damages, as well as expenses tied to the subsequent restructuring of Murdoch’s UK media empire. The last big Murdoch legal fightThe editor of Murdoch’s News of the World and a private investigator were convicted of conspiracy to hack the voicemails of British royals in 2007. Britain’s Prince Harry and actor Hugh Grant are among those who have filed legal challenges against The Sun tied to phone hacking.

Dominion accused Fox and its parent company Fox Corp (FOXA.O) of ruining its business by airing claims that its machines were used to rig the 2020 U.S. presidential election in favor of Democrat Joe Biden and against then-president Donald Trump, a Republican. Smartmatic alleges in its lawsuit in New York County Supreme Court that the defendants knowingly spread false claims that its software was used to flip votes. Conspiracy theorists erroneously claimed Smartmatic owned Dominion, and the companies mounted similar allegations in their lawsuits. Fox denies the allegations, saying in a recent statement the network had a right to report on highly newsworthy allegations of voter fraud. Fox has said the allegations are “baseless” and were immediately investigated by outside lawyers.

☆ Fox's $787 million settlement won't restore damage to US democracy
▼ + stars: | 2023-04-19 | by ( Stephen Collinson | ) edition.cnn.com time to read: +9 min

CNN —Fox News will pay $787.5 million for transmitting lies that a small voting technology firm helped steal the 2020 election. And Trump himself is facing several criminal probes related to his efforts to overturn the 2020 election and the run-up to the January 6, 2021, insurrection. And is there any chance that Fox’s humiliation can repair some of the damage from the disastrous election aftermath in 2020? That missing moment of accountability will be important because claims that the 2020 election was corrupt are not some artifact of recent history. No single case can repair the damage of 2020The extent to which Trump’s falsehoods and conspiracy theories harmed democracy is open to debate.

☆ Who won the Fox-Dominion case? Lawyers and an obscure private-equity fund
▼ + stars: | 2023-04-19 | by ( Allison Morrow | ) edition.cnn.com time to read: +5 min

That remains true in the case of Fox News and Dominion Voting Systems, which averted a trial with an 11th-hour deal Tuesday. Money aside, Fox had to acknowledge the court’s ruling that “certain claims about Dominion” that Fox perpetuated on-air were in fact false. The Neutral-to-Positive Winner: Dominion Voting SystemsFor more than two years, Dominion spent untold amounts of money building a defamation case against one of the most popular TV networks on the planet. Davida Brook, left, Justin Nelson, second from left, and Stephen Shackelford, attorneys for Dominion Voting Systems, exit the New Castle County Courthouse in Wilmington, Delaware, on Tuesday. But for a company that’s valued somewhere between $30 million and $80 million, it’s quite a deal.

☆ Everybody Knows What Fox News Is Now
▼ + stars: | 2023-04-19 | by ( James Poniewozik | ) www.nytimes.com time to read: +1 min

As the days went on, Fox was placed in the nightmare situation of having to pierce the bubble and report the news: That Mr. Biden had been legally elected. Fox leaders watched the gains of conservative rivals like Newsmax and saw the audience’s interest in election-theft fantasies building. All this, trial or no trial, makes clear what Fox News really is. Seen this way, the Dominion case wasn’t so much about Fox telling its audience what to believe. It was about the audience telling Fox what Fox needed to believe — or at least, what it needed to give the appearance of not not believing.

☆ With historic settlement, Rupert Murdoch is paying the price for Trump’s election lies
▼ + stars: | 2023-04-19 | by ( Oliver Darcy | ) edition.cnn.com time to read: +3 min

The country suffered the consequences of Donald Trump’s election lies on January 6th. And Rupert Murdoch suffered the consequences of those same lies on April 18. But while it is the largest publicly known defamation settlement by a U.S. media outlet ever, the hefty price tag won’t be enough to change Fox News at its core. In some ways it is fitting that the statement Fox News issued as a result of its dishonest conduct was dishonest in and of itself. Outside the embarrassment Fox News would have suffered, the settlement also spared the company and its executives of being bound by the laws of reality during trial.

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