Media Nation

By Dan Kennedy • The press, politics, technology, culture and other passions

Tag: Dominion

Tucker Carlson had to go because his racist text cost Rupert Murdoch money

By

On May 3, 2023

In Media

Trump supporters rally following the Jan. 6, 2021, insurrection.

Photo (cc) 2021 by David Geitgey Sierralupe

Who could have imagined that Tucker Carlson, a white supremacist in public, is also a white supremacist in private? The New York Times has unearthed what it claims is the text message that got Carlson fired from Fox News. It’s from Jan. 7, 2021, the day after the insurrection. Here it is in full:

A couple of weeks ago, I was watching video of people fighting on the street in Washington. A group of Trump guys surrounded an Antifa kid and started pounding the living shit out of him. It was three against one, at least. Jumping a guy like that is dishonorable obviously. It’s not how white men fight. Yet suddenly I found myself rooting for the mob against the man, hoping they’d hit him harder, kill him. I really wanted them to hurt the kid. I could taste it. Then somewhere deep in my brain, an alarm went off: this isn’t good for me. I’m becoming something I don’t want to be. The Antifa creep is a human being. Much as I despise what he says and does, much as I’m sure I’d hate him personally if I knew him, I shouldn’t gloat over his suffering. I should be bothered by it. I should remember that somewhere somebody probably loves this kid, and would be crushed if he was killed. If I don’t care about those things, if I reduce people to their politics, how am I better than he is?

Fox executives were terrified that the message, which Carlson had sent to one of his producers, would be introduced at trial by Dominion Voting Systems as part of the company’s libel case against Fox. That fear contributed to Fox’s decision to settle the case for nearly $800 million.

In other words, Carlson had to go because he cost Rupert Murdoch money.

But his emails: A working theory of why Tucker Carlson was pushed out by Fox

By

On April 24, 2023

In Media

Tucker Carlson. Photo (cc) 2022 by Gage Skidmore.

It’s going to be a while — if ever — before we know why the loathsome white nationalist Tucker Carlson and his ratings-obsessed enablers at Fox News parted company.

Carlson was far from the biggest on-air liar in claiming that Dominion Voting Systems had rigged the 2020 presidential election for Joe Biden. As Josh Marshall puts it, “If you looked at the material Dominion had assembled the most damning stuff was about Bartiromo, Pirro, Dobbs. Very much the B Team. As odious as he may be, Carlson is quite good at the ‘just asking questions’ shtick.”

Carlson’s internal emails, though, were incredibly embarrassing and damaging, proving beyond a doubt that no one inside Fox believed claims by Donald Trump and his hangers-on about voting-machine fraud. My insta-theory is that Rupert Murdoch fired Carlson in a blind rage after Dominion extracted a nearly $800 billion million settlement.

For those of you who are hoping for a kinder, gentler Fox, you may recall that the firings of Roger Ailes and Bill O’Reilly a few years ago led to similar dreams. Instead, Fox took a sharp turn from the right toward the far right. I’m not sure a similar move now is even possible unless Carlson is replaced by, say, Alex Jones or Steve Bannon.

Carlson is the big media news of the day, but let’s not overlook Don Lemon, the hapless CNN host who was fired today. Lemon has been on thin ice since making some cringe-worthy sexist remarks on air, but he deserved better than (as he claims) to be cut loose without any communication from CNN management.

For Carlson, it’s been a long, strange devolution from principled conservative to openly racist hate-monger. In 2019, I wrote a piece for GBH News detailing my own experience with Carlson, including a convivial lunch at The Palm in Washington more than 20 years ago. I’ve occasionally wondered what happened to that guy. Maybe he does, too.

Despite the letdown, Tuesday was a very bad day for Rupert Murdoch and Fox News

By

On April 19, 2023

In First Amendment, Media

Rupert Murdoch. Photo (cc) 2015 by the Hudson Institute.

For those of us who had hoped that Fox News would be publicly humiliated in the courtroom, Tuesday’s announcement that a settlement had been reached was disappointing but not surprising. The purpose of lawsuits is to resolve disputes, not to provide justice.

And what a settlement Dominion Voting Systems got: $787.5 million, or about 19% of the cash or “cash equivalents” held by Fox Corp. at the end of 2022, according to The New York Times. No, not even Rupert Murdoch has that kind of money sloshing around in a spare pants pocket. It also amounts to half the $1.6 billion in damages Dominion said it had suffered as a result of on-air lies that the company’s machines had switched votes from Donald Trump to Joe Biden in the 2020 election.

Still, it would have been lovely to watch the 92-year-old mogul take the stand and be confronted with internal communications that showed he and other Fox executives and talk-show hosts knew Donald Trump and his supporters were lying about the election being stolen by Dominion and other dark forces but promoted those lies anyway. I also wish that Fox were being forced to apologize for its lies, over and over again, but that was probably never in the cards.

On the other hand, Fox News faces more legal troubles, including a $2.7 billion lawsuit brought by yet another voting technology company, Smartmatic. So unless Fox settles that case as well, this saga is a long way from being resolved. Good.

Some media observers were breathing a sigh of relief that the First Amendment protections for libel would not be put to the test. I’m not among them. As I wrote earlier, this was really a textbook example of “actual malice” — that is, publishing or broadcasting false information despite knowing that it’s false, or demonstrating reckless disregard for the truth. It was not a “landmark case.” I talked about that before the settlement was announced with WBZ-TV (Channel 4) political analyst Jon Keller, who provides a good overview of Tuesday’s events and what they mean.

I’ll close with a post on Mastodon by M.S. Bellows Jr., a lawyer and commentator who gets to the heart of it in a way that’s both illuminating and entertaining:

I’m a former trial lawyer, former prosecutor, and current mediator. I have both represented and sued some of the largest companies in the world. I am very experienced, and VERY good, at what I do.

At trial, Dominion would not and could not have received an apology. Period. The vanishingly rare circumstances in which a court could order a retraction do not exist here.

At trial, Dominion would not have received $787.5 million, which is 45x its highest annual earnings. If a jury awarded it that much, the court almost certainly would have reduced it on remittitur.

This is a superb and stunning settlement. Dominion has hurt Fox badly, exposed Fox’s lies, and done the American public a massive service. If you feel otherwise, fine – but that’s all it is: a feeling. Factually, you are incorrect, and to soothe your feelings you should take recourse to bourbon or cannabis, not social media.

Thank you.

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Landmark case? In fact, Dominion’s libel suit against Fox News is pretty simple

By

On April 17, 2023

In First Amendment

White van labeled Fox News Channel

Photo (cc) 2011 by (vincent desjardins)

We’ve been told many times that the Dominion voting machine libel suit against Fox News could be a “landmark case.” I want to push back against that.

If Fox wins, then yes, it will be a landmark case, but that particular outcome seems unimaginable. That’s because we know from Fox’s own internal communications that top executives and hosts knew they were lying when they repeated the claims advanced by Donald Trump and his minions that Dominion’s machines stole votes from Trump and awarded them to Joe Biden.

In order to show libel, a plaintiff must prove that a media outlet published or broadcast false, defamatory statements about them. The Supreme Court’s 1964 Times v. Sullivan case added a third element for public officials who wish to win a libel suit: “actual malice,” which is defined as a knowing falsehood or reckless disregard for the truth. Several years later, the actual malice standard was extended to public figures, including a corporation such as Fox.

This really shouldn’t be difficult. In the unlikely event that Fox wins, it would mean that actual malice as a legal concept no longer exists. In reality, Dominion v. Fox is a pretty ordinary case in the sense that it presents no new issues at all. Fox defamed Dominion with false claims and, in private conversations, admitted that they were lying. The network’s defense will be that it was merely reporting newsworthy statements — but it didn’t just report them, it promoted them, and its hosts agreed with them on the air.

It is, in a way, the flip side of Sarah Palin’s 2022 libel case against The New York Times, when it was obvious to any observer that the Times had simply made a careless error in claiming that the man who shot then-congresswoman Gabby Giffords and several others had been incited by a map put together by Palin’s policial action committee showing gunsights over several congressional districts, including Giffords’. In fact, there was no evidence that the mentally ill shooter was even aware of such a map. There was no actual malice, and Palin lost.

It’s hard to imagine that any combination of money awarded to Dominion as well as punitive damages will add up to any more than a rounding error for Fox. What I’d really like to see is for the jury to require Fox to apologize in prime time, over and over, for lying to its viewers. How about nothing but apologies for a week? Now, that would be some must-see TV.

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Why relevations that Fox stars knew Trump was lying may boost Dominion’s libel suit

By

On February 17, 2023

In First Amendment, Media

Tucker Carlson. Photo (cc) 2018 by Gage Skidmore.

The reason that Sarah Palin lost her libel suit against The New York Times was that the Times’ extraordinarily sloppy editorial page editor, James Bennet, was extraordinarily sloppy. (In an unrelated matter, Bennet left the paper after it was revealed that he hadn’t even bothered to read an op-ed piece by Sen. Tom Cotton suggesting that violent protesters be gunned down in the streets.)

Under the Supreme Court’s 1964 Times v. Sullivan standard, a public figure such as Palin can’t win a libel suit unless she can show that false, defamatory information about her was published with “actual malice” — that is, it was published in the full knowledge that it was false, or that the publication strongly suspected it was false.

That’s what makes the latest revelations in Dominion Voting Systems’ libel suit against Fox News so mind-boggling. As The New York Times reports, internal communications show that Fox stars such as Tucker Carlson, Sean Hannity and Laura Ingraham were fully aware that Donald Trump was lying about his claims that the 2020 election had been stolen. Yet they boosted those lies anyway, whose voting machines were a principal target of Trump and his allies. Dominion claims that Fox damaged its reputation and harmed its business.

As the Times story notes, Fox doubled down on the Trump camp’s claims after initially accepting his defeat — a move that resulted in many of its viewers shifting to even farther-right cable outlets like Newsmax and One America News. Fox wanted those viewers back, damn it. In a particularly revealing passage, we learn that Carlson wanted a Fox News journalist fired for tweeting the truth because it might harm Fox’s ratings:

On Nov. 12, in a text chain with Ms. Ingraham and Mr. Hannity, Mr. Carlson pointed to a tweet in which a Fox reporter, Jacqui Heinrich, fact-checked a tweet from Mr. Trump referring to Fox broadcasts and said there was no evidence of voter fraud from Dominion.

“Please get her fired,” Mr. Carlson said. He added: “It needs to stop immediately, like tonight. It’s measurably hurting the company. The stock price is down. Not a joke.” Ms. Heinrich had deleted her tweet by the next morning.

Ironically, right-wing figures such as Trump, Florida Gov. Ron DeSantis and Supreme Court Justices Clarence Thomas and Neil Gorsuch have all suggested that it might be time to get rid of the actual malice standard, which erects a nearly impossible barrier for public officials and public figures who want to sue media companies.

Under ordinary circumstances, Fox would be a prime beneficiary of that standard. Trouble is, the new revelations show that even Times v. Sullivan may prove insufficient to protect Fox from Dominion’s lawsuit. As Bill Grueskin of the Columbia Journalism School put it on Twitter:

About that libel suit against Fox

By

On March 27, 2021

In Media

Dominion’s libel suit against Fox seems pretty solid given that it was the company’s own hosts, not just their guests, who were spreading false information. And if they actually believed what they were saying — the key to an “actual malice” defense — surely their bosses knew better.

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