Defamation law may turn out to be America’s most important weapon against rightwing media lies.
On Friday, Infowars star Alex Jones’ parent media company, Free Speech Systems, filed for bankruptcy in the midst of a defamation damages trial underway in Austin, Texas.
Jones, you may recall, had portrayed the Sandy Hook school shooting massacre as a hoax involving actors, aimed at increasing gun control. Neil Heslin and Scarlett Lewis, whose 6-year-old son, Jesse Lewis, was among the 20 children and six educators killed, have sued Jones and his media company for $150 million. Courts in Texas and Connecticut have already found Jones liable for defamation.
To win a defamation lawsuit, a plaintiff must show four things: the defendant made a false statement purporting to be fact; the statement was published or communicated; the defendant failed to exercise reasonable care or, worse, knew the statement was incorrect and hurtful but made it anyway; and the plaintiff suffered harm as a result.
By these criteria, it’s no wonder Jones will soon be paying out a fortune in damages. Declaring bankruptcy won’t save him.
Defamation litigation is slow and expensive and, like all litigation, it enriches lawyers. It can also be abused. Anyone remember what happened to Gawker after its tech blog published a post under the headline, “Peter Thiel is totally gay, people”? Billionaire Thiel quietly bankrolled Hulk Hogan, the professional wrestler, to sue Gawker for defaming Hogan in a totally unrelated story — and Hogan’s nine-figure defamation award bankrupted Gawker Media.
But at a time when social media can’t be trusted to police itself against weaponized lies, and when much of the public doesn’t trust government to regulate social media, defamation lawsuits may be the best we can hope for.
One America News (OAN), a right-wing media organization that pushed conspiracy theories about the election, is facing so many defamation lawsuits from those injured by the network’s lies that its future is now in doubt.
Five years ago, Trump was ecstatic about OAN’s flattering coverage of him. By the summer of 2020 -- dissatisfied with what he considered insufficient gushing by Fox News – Trump was urging his followers to switch to OAN and Newsmax, calling them “much better” than Fox. He did the same after the election, when OAN’s journalists were more willing than many Fox correspondents to continue pushing Trump’s Big Lie.
Last December, Ruby Freeman and Wandrea Moss, Georgia election workers, sued OAN hosts and guests, including Rudy Giuliani, for baselessly accusing them of committing election fraud and engaging in a criminal conspiracy. Freeman and Moss said OAN’s lies subjected them to an onslaught of harassment and racist threats, leading one of them to leave her home for months at the recommendation of the Federal Bureau of Investigation.
OAN ultimately settled the case for an undisclosed sum. Apparently as part of the settlement agreement, OAN admitted on air that Freeman and Miss “did not engage in ballot fraud or criminal misconduct.”
Meanwhile, Dominion Voting Systems, which provided voting machines to 28 states in the 2020 election, has accused OAN of defaming the company and its products by airing false reports that its machines switched votes from Donald Trump to President Biden, thereby hurting its business and putting its employees in danger. (One of those employees, Eric Coomer, received death threats after OAN named him in a report as an alleged collaborator of the far-left movement, antifa. Coomer is now suing OAN, too.)
The litigation has not gone well for OAN. Judges have rejected its motions to dismiss the case. In one ruling, a judge concluded that OAN acted “maliciously and consciously” in perpetuating falsehoods about Dominion, and that its chief White House correspondent, Chanel Rion, failed to exercise even minimal journalistic standards.
In April, OAN was dropped by AT&T’s DirecTV, which has about 15 million subscribers. Verizon just announced it would stop carrying OAN on its Fios television service. OAN will soon be available to no more than a few hundred thousand people.
Dominion isn’t stopping with OAN. It’s seeking a total of $1.6 billion in damages extending to Newsmax as well as to Fox News and Fox News’s parent, the News Corp. And it’s seeking an additional $1.3 billion in damages from each of Trump’s most whacko conspirators — Sydney Powell, Rudy Giuliani and MyPillow CEO Mike Lindell.
As to the News Corp, Dominion alleges that Rupert Murdoch and his son, Lachlan, acted with “actual malice” because they knew that the lie Fox News was touting was false.
Defamation lawsuits aren’t sure things, and they pose potential threats to the free press. But if the press is alert to errors and corrects them quickly, defamation shouldn’t be a problem.
Sarah Palin recently lost her defamation suit against The New York Times, in which she alleged that the Times defamed her when it erroneously linked her campaign rhetoric to a mass shooting. Part of the reason Palin lost was the Times quickly corrected its mistake.
The Times’ behavior stands in sharp contrast to that of Fox News. Although Dominion repeatedly asked Fox News to stop its lies and correct the record, Fox persisted even though it knew they were lies (Dominion cites a report that Rupert Murdoch spoke with Trump a few days after the election “and informed him that he had lost.”)
Even if it loses the lawsuit, Fox News can weather this storm financially (although cable providers are likely to use the lawsuit to drive down what Fox charges them when they renegotiate their contracts at the end of this year).
Notably, though, Trump has not been interviewed on Fox in more than a hundred days and the network has avoided live coverage of his rallies and speeches, while granting more airtime to other Republican presidential hopefuls, such as Florida Gov. Ron DeSantis. Meanwhile, Murdoch’s Wall Street Journal and New York Post have issued sharp rebukes of Trump.
Is this because the Murdochs have had a change of heart about Trump? Or because they’ve had a change of litigation strategy?
Rupert Murdoch is a malevolent force in Democracy, both in the UK & US (& Australia). He only backs whichever horse is beneficial to him and his empire. He, like the rest of the GOP establishment and probably against his own instincts, went along with the Trump bandwagon until the situation was no longer of benefit. For far too long Murdoch has had far too much influence in politics and people’s lives - he is a major reason Thatcher was inflicted on the people of the UK. She wouldn’t have succeeded without his backing. People are still living with the devastation she wrought on communities up and down the UK, similar to the “Rust belt”. I hope he gets sued for all he’s worth. He’s already manoeuvring to hitch his cart to Ron DeSantis.
Ugh! Ron DeSantis!? In some ways he actually seems Worse than tRump! Book banning! Making it a crime to put a mask on your kid in a pandemic! A frontrunner for Totalitarianism with an anti-science, anti freedom twist. Disney was too far to the left for him! I don't see the majority in this country actually voting for that guy! If he gets into the oval office it will mean trouble. He has absolutely nothing to offer! And he is mean to his constituents to boot! (Causing them to have to pay more taxes because of the Disney thing). Cruelty is his point!
Yeah; he encapsulates all the worst excesses of “Trumpism”, only without the insane, paranoid tweeting at 4am & Trump’s embarrassing “unsophisticated” nature. Oh, and all the dumb lying. The GOP establishment never had any problem with the policies of the Trump Whitehouse, it was Trump himself they can’t stand.
Armyjay ; I have a few 'conservatives' coming into my barber shop who often would say of tRump ; "I wish he would just keep his mouth shut!" : But with the death threats towards those Republicans who stray from the party line, I would suspect that many would not say they dislike some of his ideas. Too risky for their 'careers'.
Complaining about Trump’s blithering is like complaining about a clock’s ticking.
I know ; I think they were just being defensive about having voted him in.
Like looking in the mirror
Trump never suggested anything that the GQP had not been either preaching or whispering since 1964.
He’s as bad as Trump……only smarter which makes him even scarier. Note, I didn’t say he was smart….only smarter than Trump. Also, clever should never be confused with smart.
Adrienne Jacoby ; Evil and shrewd is not an improvement at any rate! But definitely scarier, if tRump is not scary enough!
We see right thru him,does all this mean stuff then throws a few good ones in.
I haven’t followed DeSatan closely enough to be aware of the good things he has done. Do the trains tun on time?
DeathSantis IS worse because, as dopey and brainwashed as he is, he isn't nearly as outwardly INSANE as Bunkerboy is. I have no doubt he will never be president, but just the same, I'd like donny to waddle for president in 2024 and lose to an American.
That would be better!
Compared with Trump, DeSatan has all of the fascism and other evil, but less of the stupidity. He knows the legislative process.
Along w/ severe abuse of power and we see right thru him
He is still a toxic shithead who wants to end any Democracy we might have had. If he knows the Constitution, he obviously thinks it's not important to his agenda.
I'm thinking this Reedy Creek issue might be in litigation.I wonder who knows.
Good morning! Are you from Florida?
Thank Goodness, no! it's flooding and very humid. there is Much more than insufferable heat there too, that is also insufferable.
Yes, wasn't there a time when foreign ownership of major media companies was disallowed? Once again, the cancer of extreme wealth corrupts society.
Murdoch has been a U.S. citizen for decades.
(Wikipedia) "In 1974, Murdoch moved to New York City, to expand into the US market; however, he retained interests in Australia and Britain. In 1981, Murdoch bought The Times, his first British broadsheet, and, in 1985, became a naturalized US citizen, giving up his Australian citizenship, to satisfy the legal requirement for US television network ownership."
Technically correct, morally suspect (i.e. par for the course under Capitalism)
Ronald Reagan fast tracked Rupert Murdoch's citizenship. It only took a year I read. the 'fairness doctrine' that worked with the FCC to keep things somewhat fair and accurate disappeared about then as well.
Good, then we have jurisdiction to jail him for life for treason, sedition and being evil !
Excellent point.
Murdoch did the same in the UK via Rebekah Brooks for which he should have been fined, convicted & jailed https://en.wikipedia.org/wiki/News_International_phone_hacking_scandal
If this defamation case gets up, this could be the slow unwinding of Murdoch, Fox and News Corp.
Murdoch is 1 of the most dangerous, malevolent & destructive men in the world, & has done so much damage to our social cohesion, national unity & democratic institutions.
And let's not forget the Chinese version of Fox "News" - The Epoch TImes. It's unsettling how many Conservatives I know seem to quote only from those two sources. The objective is the same: train people to distrust, fear, and ultimately hate their government.
And his little minions run around taking axes to the foundations of our nation.
There is a new website,DeSantis Watch,all kinds of juicy tidbits.How interesting to find out he just COULDN"T 'fix' the unemployment system Rick Scott intentionally set up to fail.( and this during the start of the pandemic when MANY people were so Desperate.Honestly,w/ all the brilliant tech experts in our country,did basically nothing for the HOUSING CRISIS,his loyalist legislators stole billions of our SADOWSKI fund(earmarked for housing needs) for their own projects and never paid it back,we have at least 850,000 children that are food insecure,ad nauseam!!!
Don’t forget Murdoch’s buddy Putin.
“Trump was ecstatic about OAN’s flattering coverage of him. By the summer of 2020 -- dissatisfied with what he considered insufficient gushing by Fox News – Trump was urging his followers to switch to OAN and Newsmax, calling them “much better” than Fox. He did the same after the election, when OAN’s journalists were more willing than many Fox correspondents to continue pushing Trump’s Big Lie.”
Umm, “journalists”? No, not even pundits, but mere on-air “personalities” who parrot the politics of their employers and pander to the prejudices of their viewers.
Definitely not journalists!
It’s ALWAYS just about money! Gullible viewers listening & believing their lies makes them tons of money!!! Right wing media have gone off the rails & need to be shutdown. They have abused the 1st Amendment & then turn around looking for it’s protection in court! Trumpism is even worse than typical right wing media BS & has corrupted the entire Repub Party! Stopping their lies is an impossible task bec it’s endemic to their nature & belief that they can’t win elections without cheating in any way shape or form!! Shutting their media mouthpieces down would be helpful & prove valuable toward convincing the gullible supporters to use a little bit of the critical thinking skills they must have learned at some point in school. We can only stop the lies from continuing by filing multiple defamation lawsuits & silence them on the airwaves! 1st Amendment abuse deserves to be silenced as punishment!
Defamation may be a crime. On the federal level, there are no criminal defamation laws, However, 23 states and 2 territories have criminal defamation/libel/slander laws on the books, along with 1 state (Iowa) establishing defamation/libel as a criminal offense through case law (without statutorily defined crime):
https://en.wikipedia.org/wiki/United_States_defamation_law#Criminal_defamation
Daniel Solomon ; Thanks for the seemingly exhaustive list. Pearls before swine,(in my case, since I do not know the law)! Still somewhat informative though even if I don't really fully understand it.
Defamation is a false statement presented as a fact that causes injury or damage to the character of the person it is about. An example is “Tom Smith stole money from his employer.” If this is untrue and if making the statement damages Tom's reputation or ability to work, it is defamation.
In civil court Tom may seek damages.
If it's a crime a DA or prosecuting attorney brings a charge in the name of the state.
E.G. In Florida, it's possible that someone who defames another person can get a year in jail if convicted and pay a fine. In addition the same person can be sued civilly for damages.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0836/0836ContentsIndex.html&StatuteYear=2021&Title=%2D%3E2021%2D%3EChapter%20836
Before any criminal action is brought for publication, in a newspaper periodical, of a libel, the prosecutor shall at least 5 days before instituting such action serve notice in writing on defendant, specifying the article and the statements therein which he or she alleges to be false and defamatory.
Correction, apology, or retraction by newspaper.—
(1) If it appears upon the trial that said article was published in good faith; that its falsity was due to an honest mistake of the facts; that there were reasonable grounds for believing that the statements in said article were true; and that, within the period of time specified in subsection (2), a full and fair correction, apology, and retraction was published in the same editions or corresponding issues of the newspaper or periodical in which said article appeared, and in as conspicuous place and type as was said original article, then any criminal proceeding charging libel based on an article so retracted shall be discontinued and barred.
(2) Full and fair correction, apology, or retraction shall be made:
(a) In the case of a broadcast or a daily or weekly newspaper or periodical, within 10 days after service of notice;
(b) In the case of a newspaper or periodical published semimonthly, within 20 days after service of notice;
(c) In the case of a newspaper or periodical published monthly, within 45 days after service of notice; and
(d) In the case of a newspaper or periodical published less frequently than monthly, in the next issue, provided that notice is served no later than 45 days prior to such publication.
Is defamation like slander?
Libel is defamation in print. Slander is defamation in speech.
Slander is a form of defamation.
D.S. ; that's what I thought.
Shirley Roberts ; All true and well said!
I would ask that you list all the crimes Trump is guilty of. I’m an Independent so I listen to both sides on issues and so far every crime I’ve seen him accused of has been debunked. I’m willing to listen but I need proof with receipts, not hearsay.
There are citizens, and there are entities. Citizens are flesh-and-blood humans, people, individuals. There are entities - all manner of artificial constructs which act by virtue of their construction. We have drifted from this vital distinction to our detriment.
Also, there are individuals and entities which possess a certain amount of power in our society. There are the powerful, and there are the powerless, making a distinction that really varies in degree.
Not only are natural rights the prerogative of the human and not the entity, natural rights are recognized to protect the individual to the degree that one is powerless. When a powerless individual confronts a powerful entity, protection of the individual should be recognized. The powerful have their power to protect them.
Donald Trump would call upon the First Amendment to protect his speech as President, which is utter nonsense. The President acting in office has NO First Amendment privilege. The First Amendment is intended to protect the individual against the Government.
The absurd ruling of the Supreme Court in Citizens United, that money is speech, is predicated upon the premise that powerful corporations have a co-equal right to protection as the individual. This is a proposition in law, not a derivation from the Constitution.
Persons lie, entities entertain. All the free speech nonsense from Alex Jones is that he is putting on an entertainment show, as is Fox News - the Pro Wrestling of our political culture. Upon what premise do we allow this? Certainly, people prefer entertainment, and over the last 30 years in America, will select the entertaining over the truthful. Only Adam Kinzinger and Elizabeth Cheney among the Republican Party are disgusted by kayfabe, and find entertainment to be a dismal counterfeit of the truth.
Leni Riefenstahl documented the Nazi Party's entertainment rally in Nuremburg, and helped seduce the German people into the romance of feeling certain and proud of themselves - but in terms defined by this horrid show. The American people seem to have a taste for romantic Fascism. It is not true, but it feels good.
We need to consider that truth and its promulgation are untouchable, but ersatz truth such as Fox News are not the same as truth. We need to break our sugar-addiction to political entertainment, and understand again what citizens and our rights entail.
I’m glad you mentioned Leni Riefenstahl. A great analogy.
You have written a post that needs to be read by everybody, not just us on Substack. Thank you for this insight,
The fewer sources that can spread lies the better. For many, the lawsuits are about money. For those of us that care it’s about accountability. Newsmax and OAN may not recover but there are always going to be big sources that spread lies and they must be held accountable.
I wait for the day (not holding my breath) when OAN, Newmax and Fox are no longer able to reach their rabid members. Maybe then, our country will begin (just begin) to heal.
Unfortunately, they find fertile soil to grow their hatred. For hundreds of years, we have taught our children the myths that justified slavery and segregation and hatred of immigrants. There is much that needs to change before we can truly be a land of the free.
Dare I say it?
Because of this, the excellent work of the January 6th commission, and other recent news I feel some still tenuous signs of hope.
Professor Reich, and so many others, may you continue to have good health and support in your life to be able to carry on with your important work.
I hope so. I had hoped for a transformation after Watergate. We got a Nixon pardon and a well-meaning and foresightful President, but soon went back to Presidents who told comforting lies. If we let that happen this time, we are doomed.
Thank heavens for these law suits! It seems like the only way we will get rid of these liars and they will be held accountable. Now someone should sue Trump but he usually gets other people to do his dirty work.
He has a lot of legal problems. Here's a list.
https://en.wikipedia.org/wiki/List_of_lawsuits_involving_Donald_Trump
Didn't he have many lawsuits before even running for president?
Yes and he had to pay millions in some of them.
Nancy Roessel ; New twist on "Go F#6k yourself!"Responding to the fact that "he usually gets other people to do his dirty work." couldn't resist.
Wow! We needed this! Some good news. Now we need a drone strike against InfoWars perhaps. What an evil person. And for him it WAS all about the money and Right Wing audience it seems. Dominion has all the evidence as I understand it. They can prove their hardware was accurate and their bottom line was deeply harmed. Maybe throw in a suit against CyberNinjas, who wasted a lot of taxpayer money in Arizona I think.
If it were only InfoWars and the CyberNinjas and just a few of their friends! There is a wide conspiracy to install fascist government in this country.
Following its installation, the billionaires and CEOs may be surprised to learn that they no longer call the shots. Be careful what you wish for.
Well said and no disagreement here. Troubling times for sure.
It's more likely that the Murdochs found tRump less useful, not that they have had a change of heart. (they have hearts?).
Trump brought in advertising dollars.
It seems that certain media like controversy to the point of stirring up trouble and pushing lies. Kind of like screaming 'fire!' in a crowded theater.
No, Murdoch & Co. don’t just want chaos. They want control. They want to install puppets to do their bidding, so they depict them as strongmen who can put an end to the chaos. (Remember Trump’s campaign—“I alone can end this”. But Trump just added chaos.) Now they need someone to enforce control. That’s DeSantis.
The chaos and anger created when women's right to medical care was ended and the courts were stacked served as a distraction that the Corp owned media exploited to the hilt. There is no doubt that this was not their end game. I doubt that DeSantis will be legitimately elected. Only if there is no Federal response to the voting tricks that are being enacted in some states. There will be hell to pay if the majority of the people are saddled with someone like DeSantis.
And now doesn’t bring in enough.
I think Murdoch and others are seeing that trumps influence is on the wane and he can't win another election. Therefore they are looking to start promoting another far right candidate to hitch their star to.
They have to determine the risk/reward relationship. On one hand he has a following both in viewers and in sponsors. On the other, he continually spews lies and defamation and they have to determine whether the risk, the contingent liability, outweighs the benefits.
Trump created chaos, which is what they wanted. Now, they run DeSantis to end the chaos that Trump created.
Alberta Lee Coulter ; That plus the very real liability described in today's topic in the form of lawsuits. They are not only embarrassing, but costly. Maybe tRumpism itself will 'lose face', and DeSantis will have trouble gaining traction too. Or any other sycophant elephants!
Trump doubles down. E.G. He is suing a group of people that includes HRC and CNN. I don't think DeSantis is as impetuous.
Plaintiff: Donald J. Trump
Defendant: Hillary R. Clinton, Democratic National Committee, HFACC, Inc., DNC Services Corporation, Perkins Coie, LLC, Michael Sussman, Marc Elias, Debbie Wasserman Schultz, Charles Halliday Dolan Jr., Jake Sullivan, John Podesta, Robert E. Mook, Phillipe Reines, Fusion GPS, Glenn Simpson, Peter Fritsch, Nellie Ohr, Bruce Ohr, Orbis Business Intelligence, Ltd., Christopher Steele, Igor Danchenko, Neustar, Inc., Rodney Joffe, James Comey, Peter Strzok, Lisa Page, Kevin Clinesmith, Andrew McCabe, John Does 1 through 10, ABC Corporations 1 through 10, United States Of America, Adam Schiff, Rod Rosenstein and Neustar Security Services
The United States was SUBSTITUTED as defendant for James Corney, Andrew McCabe, Peter Strzok, Lisa Page, and Kevin Clinesmith. Defendants James Corney, Andrew McCabe, Peter Strzok, Lisa Page, and Kevin Clinesmith are DISMISSED from this action. Signed by Judge Donald M. Middlebrooks on 7/21/2022.
Motions to dismiss re the others are outstanding.
If his case is dismissed, IMHO claims for malicious abuse of process will be filed by the defendants.
Daniel Solomon ; I guess it's tRump's M.O. to keep the lawsuits going and going ...Just bleed out financially and/ or substantially stress his targets indefinitely. I know that judges can't just ignore a case brought before it, unless they determine that it is frivolous, which takes time to properly determine. But there must be a time when someone as litigious as he could plainly be seen coming. You know, like they have 'got his number'? Why does he get such latitude?
He's playing with fire.
Justice would be black pudding! For him!
Let's hope TRump will continue to take the advice of Rudy Guliano and Sydney Powell
Trump is now irrelevant. He was only the setup man for DeSatan.
Any defamation law suits against Steve Bannon?
He master minded most of Trump's strategies and on his media radio show, he spreads all of the election & conspiracy lies.
Appreciation to Robert Reich for his dedication to Democracy and his lazer focus on the issues.
His knowledgeable answers of how to address the issues of American politics, is expertly conveyed in his emails. He is my trusted source of the truth.
The rich right-wing-nut-jobs being defeated via defunding! Unfortunately big companies are already using this against eco-activists and, of course, their political wing under McConnell has loaded the SCOTUS and is doing the same with other judicial and administrative infrastructures - and no doubt reinforcing their hold on the police and military too, despite the way they treat veterans.
Pardon the nit-picking, but you don't have to be far-left to be anti-fascist (witness ordinary Europeans, Asians, Americans and Africans ((in reverse alphabetical order)) in WW2) and my understanding is that the antifa groups (are they genuinely a movement, other than to neo-fascists?) are, mostly, merely centrists and ordinary left-wingers.
I say this bearing in mind that what passes as 'Centrist' in the US is really quite right-wing, in my opinion; a result of the political and commercial right controlling the perspective of people to further demonise communism, when that was the enemy left after 1945.
As I understand it Antifa was just a term the white supremacists threw out to mean the entire liberal/progressive movement. If there really was such a group I would be proud to join, I've been anti-fascist since I was 6 years old, in October. 1939 (the beginning of WW2) and my father explained the tenets of fascism to me. Obviously a lot of Americans have no idea what Antifa means, or what fascism mean either, for that matter.
EXACTLY!! I was only 3 in 1939, but my family, staunch Republicans were also anti fascist, which was considered patriotic during WWII. That a lot of Americans have no idea what Antifa means has been my take also. I loudly and proudly claim to be Antifa. Can I get an Amen?!?!
Maybe we should start our own😁
Wow, glad you're still soldiering on : )
Yep, more manipulation; amazing really that they can indoctrinate, er, I mean convince so many people that anti-fascism is a bad thing and, as you say, the Democratic Party is rife with sympathizers.
It's no wonder this GOP want to crush education: unthinking people serve them best.
The Wheels Of Justice are slower than Molasses In January!
My experience is that media companies are lawyered up, are well insured and are well aware of their defamation contingent liabilities.
If they are exposed, they can make a public apology and may be exonerated from further exposure. Doesn't always work. Apparently Fox has an April 2023 jury trial date in the Dominion Voting Systems Inc's $1.6 billion defamation lawsuit. Venue is in Delaware. I don't know whether the Murdochs are insured.
Sometimes cases can be mediated, arbitrated. In some states, the parties can make an "offer of judgment" and if it is accepted, litigation is swift.
Tort lawyers, personal injury lawyers, medical malpractice lawyers. Some call them ambulance chasers. Meanwhile, they perform the valuable function of social engineering, fixing things, in a civilized way.
This current struggle entails strange bedfellows for someone with left leanings since the Vietnam era. Counting on the FBI , The court systems and the US military to keep election deniers , gun toting white supremacists and assorted lying traitors at bay ,could never have been predicted.
These are the people that were persecuting blacks and hippies. In particular the Chicago eight and black panthers. This is the system that put Muhammad Ali in jail, oh yes, and ended or ruined the lives of thousands of young Americans for a war we shouldn’t have fought. A war where we learned absolutely nothing as evidenced by Iraq. Now it is fashionable to belatedly thank Vietnam veterans for their service. Perhaps one day it will be fashionable to thank the protesters who were instrumental in getting their asses out of there.
Sorry to enter this discussion from an oblique angle. I just needed to express what a long strange trip it’s been.
I’m glad you posted this, Earl. It makes a lot of sense. It is like being through the looking glass.
I think we need to prepare our children better to think for themselves, to learn how to "fact-check", and what it means to live in a democracy .... it's a verb! not a guaranteed state of being. Civics 101. We must do better. We've been had, big-time.
I remember being taught to recognize bias in news articles when I was in school. Probably the most useful thing I ever learned. It’s hard to believe that’s still taught, looking at the situation.
I agree, Paula. It is disheartening and dangerous for our democracy. We have witnessed a huge shift in the quality and presentation of our information from the 1950's to now. Weather reports anthropomorphize the weather ("killer storms"); buzz words sanitize what needs to be recognized and challenged ("conservatives" .... conservatives? really?) We need to start where we are and give feed back when we recognize falsehoods & window dressings. It's not in my nature, but I'm starting to do it.
That’s a good point. I never thought about the anthropomorphizing. I do recognize other language manipulation when I see it though, such as assigning value judgments to neutral words like “socialism” and “liberal.” It’s laughable in a way when you realize it all comes out of desperation. Unfortunately it’s also dangerous.
Sadly, yes.
Perhaps a law needs to be passed that if an organization wishes to identify as a 'news' organization, that it will adhere to accepted journalism ethics. (In my country, Canada, this policy was prepared by the Canadian Association of Journalists and lays out the requirements for fact-checking, corrections, and the like.) Otherwise, you cannot use the word 'news' in the name of your organization. Not sure what, though. Propaganda Central? Just be up front about what you do.
Apparently Fox is registered as "Entertainment", thereby avoiding such rules, but still dissembles - unpunished - as news.
The FCC oversees all interstate and international communications. The FCC maintains standards and consistency among types of media and methods of communication while protecting the interests of consumers and businesses.
"Criticism, Ridicule, and Humor Concerning Individuals, Groups, and Institutions. The First Amendment's guarantee of freedom of speech similarly protects programming that stereotypes or may otherwise offend people with regard to their religion, race, national background, gender, or other characteristics. It also protects broadcasts that criticize or ridicule established customs and institutions, including the government and its officials. The Commission recognizes that, under our Constitution, people must be free to say things that the majority may abhor, not only what most people may find tolerable or congenial. However, if you are offended by a station’s programming, we urge you to make your concerns known in writing to the station licensee."
It appears money is the only language these so called news outlets understand. If this is what has to be done to stop them then this is what you do. It's unfortunate that it takes so long to give them their comeuppance, and even sadder that those who listen to them are so brainwashed that the truth won't penetrate their trump loving mind set.
How do we stop the rightwing media lies? Bring back the Fairness Doctrine - a law which required any holder of a broadcast license to present controversial issues in a manner which reflected varying points of view. There are those of us old enough to remember the Editorial Segments on television. (Robert, you did a segment about the Fairness Doctrine didn't you?)
The anti-democratic nature of the GOP is not new - it started simmering 40 years ago with the Reagan Revolution. These days, the difference is that GOP is speaking the quiet parts out loud.
Fox News' semi-repudiation of The Former Guy really isn't because they have found a new sense of integrity - it's risk mitigation, plain and simple. I agree that defamation suits are a powerful tool to get the record corrected, but the lies and vitriol that these media outlets spew cause real harm to people before the suits even get to court.
DeSantis appears to be more dangerous than Trump
THANK YOU
Thank You
thank you
for Threading it all together
Thank you to all those who had (and have) the courage to file these anti-defamation lawsuits. Finally there’s something to slow down the lies and where the truth really pays off.
The best, and simplest way, to take down FOX and other right-wing media is to boycott them and, more importantly, those companies that advertise their goods and services on the network. It's all about the money.
I am reminded of nailing key mafia figures with tax evasion charges. It's hardly the point, but one must creatively do what is doable. Thanks for highlighting this tool.
No chanage in their willingness to divide our country and peddle lies, just a practical decision to not get into so much legal jeopardy. Until they get rid of arch liar provacateur Carlson they are a danger to our democracy
Hm, I wonder if he can be sued.
If he defames someone.
In the Fox defamation case,
The ruling repeatedly says Fox hosts, Giuliani and Powell made claims “without any evidence” and “without any basis.” It also says that claims made by Giuliani, Fox host Maria Bartiromo and now-former Fox Business host Lou Dobbs could meet the legal standard of claims being “so inherently improbable that only a reckless person would have put [them] in circulation.”
https://www.washingtonpost.com/politics/2022/03/09/judge-uses-tucker-carlsons-own-words-against-fox-news/
Bot to be believed.
https://www.npr.org/2020/09/29/917747123/you-literally-cant-believe-the-facts-tucker-carlson-tells-you-so-say-fox-s-lawye
Thank you. Then someone will inevitably go after him. I hope it’s soon.
i've been reading over the past 24 hours or so that murdoch's fondness for trump has cooled significantly and that murdoch apparently isn't even talking >to< trump anymore, nevermind demanding his "media" puppets yammer on >about< trump. i imagine this is a change both in affections as well as strategy.
although i am still angry at NYTimes (after being a lifelong fan of their work) and canceled my subscription 6 months ago, i am happy to see that sarah palin's stupid little lawsuit failed. no one, not even the NYT, is perfect, and quickly changing an error in a reported piece is the journalistic standard. palin could have saved herself a lot of money if she only knew this, or accepted this when she was originally told. (probably NOT told by her lawyer, who was only too happy to separate her from her money.)
There's a campaign slogan in that, somewhere! I think it rather amusing that while on the road yesterday, while stopped at a traffic light, I saw a big, black SUV at the head of the oncoming traffic stopped across the intersection, having big, bold lettering at the top of his windshield proclaiming: "INFOWARS.COM" Odd something related came up in today's discussion. Just sayin'.
I wonder what that guy will do when he gets busted for having his windshield obstructed. Obstructing your view in the windshield is against the law here!
Here too. I was once ticketed for having tinted side windows. I bought the car that way and didn’t realize it was a thing. I got the tinting removed and they canceled the ticket.
Jail time and fines seem so harsh. We need Chinese style reeducation camps for the bonkers Trumplicans. Let’s look in on session one;
“ Good morning Donald, nice tie!
First off, could you tell us exactly what you don’t understand about
YOu’RE FIRED.”
SeekingReason
4 hr ago
I don’t have time to read, on my way to work. But for the 3 words I read, Sue the Bastards! GO ROBERT! Thank you, thank you thank you for addressing a problem that must go away before we can truly move forward. We should be able to close right wing lies down because they create harm. But I’m all for defunding! Do it!
I sincerely hope that these lawsuits are sufficient to completely ruin Alex Jones, InfoWars, NewsMax, Faux News and all the others who traffic in malicious lies. However, I am a realist who understands that these "news" organizations are like the mythical hydra. If you cut off one head, another 7 will grow in its place. The best we can do is to continue to speak the truth, loudly and often, in the hopes that reasonable people will hear and act on it.
HALLELUJAH!!!!!!!!!
I'm waiting for the trillion-dollar class action lawsuit against Fox Media Corp on behalf of all the families who'd lost family members to Covid due to disinformation.
Yes!
It seems that lies and conspiracy theories are protected by the first amendment. We see that speech can harm someone or some company and they, as the harmed entity, can sue. What about a law that protects anyone from harm - I think there is a law against yelling "fire" in a crowded theatre. Is it ever enforced? In other words, should we not be able to stop Trump's Big Lie by bringing a lawsuit or calling on that law against yelling fire?
It seems that we have lots of laws we are reluctant to enforce. When an election worker is harassed to the extent that they fear for their lives and have to move from their home, is that not terrorism? I would think that everyone who threatens an official could and should be charged. We are getting th the place that all of the people involved to one degree or another in the Jan 6 mess are going to be held accountable. I am concerned that many who are just on the edges are going to walk. Could we not have a law about breaking an oath? I'm not thinking years in jail. If you break an oath as a politician, you are forever banned for being in politics. Simple. I think we could apply the laws to a pretty big bunch of Congressmen and Senators. How about all the politicians who foraged their names to documents that they are the valid electors?
Clear and present danger is what you’re talking about, I think. I agree with you but I fear that the corrupt courts would argue that the dangers are neither clear nor present. But our resident legal expert, Daniel Solomon, would know. I hope he sees your post.
Defamation is not "speech" under the first Amendment. More like "fighting words" illegal harassment, "hate speech" aren't protected.
Defamation lawsuits are a start but I believe we need regulations/laws to put a stop to some of the most egregious lies that are destroying our form of government, applied to to media and internet. Many countries have laws against hate speech....I'm not holding my breath. We would need a huge change in Congress to change a light bulb in a congressional bathroom!
In general if you rely to your detriment on a misstatement, get a lawyer.
Under state law, an implied warranty of merchantability (only given by merchants), an implied warranty of fitness for a particular purpose, and an implied warranty of title passes with every sale. If you are damaged, get a lawyer.
If you rely on false advertising to your detriment, get a lawyer.
All federal employees are held to a high ethical standard. The United States Office of Government Ethics (OGE) leads and oversees the executive branch ethics program which is at work every day in more than 130 agencies. The executive branch ethics program works to prevent financial conflicts of interest to help ensure government decisions are made free from personal financial bias.
OGE leads and oversees the executive branch ethics program by:
Making and interpreting ethics laws and regulations
Supporting and training executive branch ethics officials
Administering the executive branch financial disclosure systems
Monitoring senior leaders’ compliance with ethics commitments
Ensuring agencies comply with ethics program requirements
Making ethics information available to the public
Dozens of watchdogs like the Office of Special Counsel, Government Accountability Office, inspector generals etc exist within government. E.G. The HHS OIG handles:
Medical identity theft involving Medicare and/or Medicaid beneficiaries,
Failure of a hospital to evaluate and stabilize an emergency patient,
Abuse or neglect in nursing homes and other long-term-care facilities.
Human Trafficking by HHS employees, contractors or grantees to include procuring a commercial sex act.
Here are some outside organizations,
https://en.wikipedia.org/wiki/Category:Government_watchdog_groups_in_the_United_States
Is that last sentence really a question?! Please; absolute strategy. You can’t have a change of heart if you haven’t got a heart. Murdoch & Co. have been behind this coup for decades, and sowed division around the world to secure regimes that direct the flow of money to themselves and the other giant profiteers. The health of communities, the Earth itself has no bandwidth with these people. They see themselves as King makers - the power behind the throne; and they’ll put someone else in the seat if, and when it suits them. All about money and power. No heart involved!
Shame the sponsors publicly. Tie them with the lies.
Until the verdict is carried in the press (which can have its own spin), lawsuits happen in a rarified atmosphere, which most people care nothing about. But no matter how powerful the press is, they need sponsors.
A troublesome thought. For every emitter of this nonsense, there are many receivers who do not turn it off. How is it possible that so many people listen to, and even believe, this bullshit?
Is the DEVIL'S WEED a gateway drug to MAGA?
As the corporations have levered their way into the legalization of ganja, and the body public has affirmed their rights to torch up, is this broader use of dope affecting what people are willing to believe?
Humans don't need ganja to be stupid - it is an endogenous capacity without mind-altering substances. But in some of these Trump rallies, his audience looks like a bunch of angry, surly archaeo-hippies. Are they torching up in their yurts between speeches by the My Pillow Guy and his henchmen?
And listening to the stertorous chittering of the Don-Boy immersed in his own flight of consciousness, I wonder - how can someone listen to this for a few minutes without dropping and screaming? Is it the devil's weed?
So I ask - is cannabis a gateway drug to Fox News for the 21th century?
No
Interesting question. Perhaps history will prove you right.
Maybe the Ms took a "fair"ly long look at their "balance" sheet and reevaluated the costs? Indeed, sue the bastards every one. But it's another sad day if "defamation lawsuits may be the best we can hope for" is the solution to public discourse gone waaaay awry. On the other hand, I still have faith in real live journalists who do the hard work and report the real facts.
I suspect the lawsuits are but one tool in the box. For now they might be the most accessible though.
Well, then let's sue the following for defamation:
Donald J. Trump
Mitch McConnell
Kevin McCarthy
Ted Cruz
Jim Jordan
Matt Gaetz
Ron Johnson
etc.
Professor, Regarding the rebukes of Trump issued in Murdoch’s Wall Street Journal and New York Post, you asked, “Is this because the Murdochs have had a change of heart about Trump or because they’ve had a change of litigation strategy?” I don’t imagine either explanation applies. Instead, I suspect that the Murdochs, probably rightly, had become concerned, as a consequence of the J6 hearings, about the number of ad pages that likely would be dropped were the editorial stand not changed.
As for the perspective on defamation suits presented in today’s Substack publication, I had understood that a defamation suit was meant to compensate people for damage, not to penalize people who make false statements. Moreover, unless I am mistaken, the damages must be compensable through a civil lawsuit. While the foregoing apply in the examples you provided, the scope of applicable examples seems relatively limited in light of all the ways the radical MAGA right must be held to account.
I am thankful that the lawsuits were filed and and won. Until all the real fake news channels have a disclaimer on-screen 24/7 or better yet are off the air , they continue to spread their lies
What when a government lies or purposely misrepresents the facts for example about landfilling and you call them out?
If you've been damaged, get a lawyer.
Glad you're speaking out.
There's an old saying that "An ounce of prevention is worth a pound of cure." What can be done to prevent dissemination of misinformation, disinformation, and agitprop? In some countries it is a criminal violation to spread stories that are known to false or misleading. The FCC's Fairness Doctrine was useful in exposing the audience to both sides in an issue of public importance. Concurrently it would necessarily reduce the airtime for lies. There are conditions in the US that make many more susceptible to the affects of all of this: the dumbing down of the population.
It's about time we started fighting back from the evil of the Feudal Over Lords. If we don't fight back in a united way we will bequeath a Feudal System to our descendants.
Unfortunately, there seems to be a very large flock of sheep always ready to be sheared by Trump, Jones, and others of this ilk. Thus, the crooks go free while the gullible get left out in the cold without their wool.
P.S. Did my tell me about yourself ever pass the limit If not, let me do it again & I will count the characters b4 resending. Thanks!
Ron Desantos is a bad Republican, But he is not dangerous, like Trump. So if he runs, I hope he wins.
🖤 I'm far from a bible quoter but
"The truth shall set you free" seems to apply here. Get free GOP, Qanon
Best day ever seeing Alex Jones go down. Stone your next 🤞 and all your ilk
I pray this is the beginning of returning to civility. Money is not enough. This is a malignant form of narcissm and stunted development. They are incurable in my view and few therapists will work w them. Jails are full of them and this needs to be seen as criminal.
As a dear mentor said democracy can be messy and a lot can be learned. We've learned and we set boundaries.
I’m SOOO delighted to read this information !!! I have been so disgusted with the constant lies of right-wing media but after reading this, I have hope!! Thank you, Robert Reich!!
The last paragraph was two rhetorical questions. I think we know enough about Murdoch.
At a time when justice seems like the horseman riding off into the sunset, there are a few apparent wins for some of those damaged by the scourge of Trumpism.
Thank you Robert Reich for telling this story so clearly.
CANCEL their license to broadcast on public airways....they are a clear and present danger to national security and public health !
There should be a law against folks that are served notice of defamation from filing bankruptcy since that in essence get them off the hook. When they hide their assets from those seeking justice, what's the point of a defamation law suit? Alex Jones and the likes of other conspiracists need to pay for their negligence and when they're allowed to file for bankruptcy in anticipation of defamation law suits, they're protected. That should not be an option for these cretans.
Probably the media, more than any other factor, has made us two nations. Passing laws to force the media (including the internet) to require the catching of lies is probably the start of healing our divided nation. Liability for defamation using the courts simply is not sufficient to moderate today's situation in which anyone can lie. Lying must be a criminal offense also
Populists lie for a living constantly. Can defamation be used by ordinary citizens to sue them for damages if you believed them and acted on your misplaced beliefs harming yourself or others as a result of their misinformation? Eg the guy who believed antivaccers, did not get vaccinated and died or the guy or believed the stop the steal lie and showed up to ransack the capital and killed a cop. Or how about the guy who believed the lie that wealth would trickle down and tax cuts for the rich would create new jobs, bought a house on a liar loan, and then lost it is bankruptcy in 2008. Or how about the guy who believed that we were after Ossama and enlisted to invade Afghanastan and ended up parked in the desert for days paused and waiting while Ossama was given time to escape into pakistan.
Thanks. One possible strategy might be to target one in the group. Any noticeable drop in revenue affecting their stock price would cause them to reconsider their support for these outlets. I do remember the Chavez grape boycott. I'd love to see something akin to it again! Again, thanks for the thoughtful response.
Sorry, that should say Robert
Was there a legal basis for Obama to sue trump for his birtherism attacks, we all knew to be false?
Amen,
Sue the bastards!!!
Thanks for posting this, Robert. These lawsuits sound like good news. The court system has taken some hits lately (particularly the awful Supreme Court), but there are still many good and honest defenders of the truth out there. The more cases the better, as far as I'm concerned.
As for Murdoch and company, it has puzzled me for decades why this Australian has been bent on destroying our democracy with his Neo-fascist propaganda for so long. A deep story there somewhere..
I'll guess you will be writing about this tomorrow. https://www.newyorker.com/news/our-columnists/will-the-carried-interest-loophole-finally-die
CITIZENS UNITED is the law that provides congressman to be bought and laws like this to be passed! Maybe we will get some Bull Sh..t law that chips away without making any real changes. NOTHING CHANGES in America until that law is changed.
One of the few things that really matter to those on the far right is their pocketbook. They certainly don't care about "truth." But they DO care about $. This may be one of the best paths forward. The only real problem is how long these cases take and the expense of bringing them, but a few big wins could have a big impact, like the Dominion suits.
Isn't it a pity that in today's environment Government agencies, such as FCC are either unable or unwilling to fulfill their mandate to regulate. These Federal Agencies have failed in the past several years to protect citizens. Look at FAA and the Boeing debacle where lives were lost, it took countries outside the US banning use of those specific planes (sorry I don't recall the actual number right now) before the FAA and/or the National transportation safety agency acted. If the Legislators lack the courage to manage these agencies maybe it is time to replace committee members with those willing to act. Joe Manchin is a prime example, not using his Energy Committee chairmanship for its intended purpose of protecting citizens from the corporations he is supposed to be regulating.
Bang away at each other. It's the American way. Pounds of flesh flying! We are very justified. Werner Erhard used to talk about being "dead right," for those you who remember est. I dunno. What else could handle all the Trump transgressions which load our courts and keep our bloodthirst satisfied?
Robert, why don't you open that topic? What I'd suggest is is immunity for Trump from all prosecutions if he does a very effective mea culpa, confessing convincingly to what a shit he was and continues to be in all matters related to the big lie. It's more important to unite the country, where this would disaffect all but a hard core of his loyalists, than for Trump to get what he deserves. Because he's facing jail and bankruptcy, plus the narcissist in him could brag on being the hero that unites the country, he might go for it . And wouldn't that be a relief?
It's not that the Murdoch family no longer supports MAGA. Greed trumps everything. They will not be bankrupted. As Armyjay shares, too many Americans missed when the UK declawed News of the World. The Murdochs crossed the pond, bought the Wall Street Journal and expanded Fox News. Although there is no guarantee of winning, hopefully the inconvenience and financial expense to the defendant exact a price.
Well that sounds hopeful. Maybe it will work. But will the wheels of Justice roll out quickly enough to affect this midterm? Lawsuits are not known to move quickly.
Thank you so much for your thorough reporting!
The defammstion strategy would also give some credibility to a decision against the liers
Robert,
Good, much needed work, thank you.
The same thing needs to happen to The Pillow Guy, Mike Lindell. But for some reason they seem to have dropped the lawsuit because it was too expensive???
ALL THESE LAWSUITS SERVE: THE TRUTH.... EXCELLENT. TRUTH, JUSTICE....THE AMERICAN WAY.... AGAIN.
I'm so glad these cases are finally making a difference. Same with fighting white supremacy. Sue them all to damn death by starvation.
GREAT IAAAA OW DO WE SPREAD IT
Good news, mostly.
My first reaction is “What’s taken so long?” Fox News et al have been spreading lies forever. My second reaction is a question: Can individuals who repeat this stuff on social media be sued for defamation? And three, when is someone going to go after Marjorie Taylor Greene for her outrageous lies?
It's difficult to measure the overwhelming damage Fox News has done over its lifetime. Years of "selective outrage", fear mongering, disinformation, violent rhetoric, finger pointing, dog whistling, anti-intellectualism, and encouraging a general incivility have created multiple generations of viewers that are less informed, more rigid, more suspicious, more angry, and intolerant of ideas that don't match there own. I hope the Dominion lawsuit is the beginning of the end for Fox, or at least shrinks them to a minor league status.
"Defamation law may turn out to be America’s most important weapon against rightwing media lies."
Hitting crooked profiteers in the pocket book and holding them accountable could be the most effective catalyst for badly needed reform of yellow journalism.
Pray this works ..... bottom line: pull the $$$$ rug out from under all these EXTREMELY dangerous right-wing nuts!
It is always about the money
Faces may change over time but the hog wash persists.
Rule of law helps .....
I am wondering why no one is suing Trump. Or are they? It seems like he is a true culprit in ruining the lives of those two election workers in Georgia. What he did to those two poor ladies is monstrous.
I think the most powerful recent lesson was the Johnny Depp vs Amber Heard trial! Some may dismiss this as a sensational salacious waste of time but look at the overwhelming positive support for Depp! The result of then trial gave the world a boost in morale! I know it made me feel safer knowing malicious lies can be corrected! I believe that trial gave the world a breath of fresh air against the foul stench of Putin and Trump!
Rupert cares about his money, nothing else. Benedict Donald is going to cost Rupert to lose some money, so Rupert is opting for social media distancing from the large, orange washed up, TV guy.
I don’t know about OAN. I think Fox represents the biggest threat. DiSantis is as dangerous as tRrump. This is what concerns me. Even on mainstream media.
what concerns me is the coverage as usual on voting. “What the republicans need to do is pick up just one seat…” Even commentators don’t mention the threat to democracy. the fascist leanings. One Republican even said he didn’t think democracy was for America and it seems not to be a topic for discussion. When I read it, it seemed a bit ho him.
I hope I can be buoyed by the prospect of defamation law coming to our rescue. If the threat of a lawsuit can bring Fox to the truth there may be hope.
This is great news. I've said all along that we must separate these treasonous miscreants from their ill gotten gains. It seems that the courts are dishing out long sentences to unknown 1/6/22 treasonists while the powerful cheats and liars have just been receiving a slap on their wrists.
Money is at the core of our losing our democracy because of the power it has over our current political system - so let's keeping going after their money and their unethical news outlets.
Yeh👏👏👏👏
This is appreciated Robert. A ray of sunshine. Thank you
Trump should be sued, individually, by every officer hurt protecting the US Capital during the Jan. 6th 2021 riot because Trump knowingly spewed the Big Lie that he won the election and it was stolen. He's still insisting this knowingly false claim is true. "Drain the Trump $$$$$Swamp Monster!"
And by the families of everyone who died because of his handling of covid. That’s hundreds of thousands of people!
Imho the Murdoch’s have stopped supporting Trump because he is a loser and they now have another horse. They are very dangerous. Their tentacles are global and they cannot be removed by elections. Their lies and dangerous actions are not only in national elections. They create and push the culture wars that destroy our ( and other country’s) national unity. A good question to ask is “what do they want for people that people don’t already have?”
I like how Palin AND Bunkerboy thought they could sue THE NEW YORK TIMES! And WIN! Shows where their a-brains are at: the gutter.
In the Burlesque of the situation you must first find the source of the amusement.
Wow! It's such a rough summer. Thank you for posting some news.The comments are fabulous as well.
Promote the "Media Bias Chart" from www.adfontesmedia.com.
Best Regards,
~ Steve
Unfortunately, as evidenced by Alex Jones, he thinks he can hide behind the bankruptcy shield, and continue to spread his lies with impunity. How quickly his house of cards will fall, and fall hard.
Finally! A way to fight back.
FOX is changing their tune because 1.Trump is less of a draw the the newer/emerging whackos
2. To try to minimize their legal vulnerability
$$$$$$$$,Pure and simple
GOOD, I hope that all these LIARS and conspiracy theorists will be sued left and right to stop their evil intentions and greed for placing this country in such a precarious position with all their monumental lies. These types of specimens are the worst enemies of this country and may they reap all that they have sown for their self-serving interests.
Might want to keep this strategy under the radar, lest Republican judges, including the mendacious five on the Supreme Court, change the rules to make defamation suits even harder to win.
Actual malice or reckless disregard for the truth? (We are now talking punitive damages.) This is a question of fact for the jury. Just get it past the motion for summary judgment and a jury will decide.
I've heard of a movement to have Fox 'news' removed from basic cable. It should at least be required to label itself as entertainment, opinion, or alternative facts.
Welcome to the new USA. The "technology revolution" in full view as we sue each other. The goal is to find the truth. The problem: No one really knows what is or is not the REAL truth. What everything comes down to is money and power. The end.
As an alternative, or supplement, to lawsuits, how about petitions to sponsors of offensive programs? Does anyone know whether the complaints result in loss of sponsors?
I’ve seen those and they can work.
I still don't understand what happened to the fairness doctrine which was supposed to be an arbiter of keeping truth and facts in reporting above board.I think it was removed as part of FCC , etc. As for Fox. Don't trust Murdoch at all. He's in his nineties and his legacy will go down as one of the most treacherous men who helped the Sedition President take down democracy
Of course another strategy is for Dems to continuously consistently and calmly challenge cult distortions in part of every day conversation. “Oh there they go again… “ Cult members have, for years, consistently delivered its distortions to the point where to too many many people it’s reality. The Dems act like a herd of cats each with its individual agenda instead of sticking with a core platform. Manchin and Sinema are perfect examples. If Democrats can’t stick to the core platform then they shouldn’t be running -OR ELECTED - as Democrats. Simply speaking up would be a significant step in the right direction.
Advertiser revenue is a major source of the money these purveyors of lies and supporters of despots reley on. Without it they wither and become impotent. If someone were to publish a list of the companies that pay these right wing media millions (Prof. Reich??), some of us folks may decide that we no longer need their products or services. Do you see where this is going?
There are such lists. You can Google them. Unfortunately some of them are difficult to boycott: oil companies, insurance companies, drug companies, etc. Sometimes all the players in a given field are equally bad. But we still need to try. Remember Cesar Chavez’s grape boycott? It worked.
At what point does being controversial become subversive?
The January 6th hearings disclosures about Trump’s knowledge of lost election may have something to do with Fox not platforming Trump and his compulsive lying about the 2020 election. Hearings that millions of Americans tuned into (even if the millions didn’t include Fox viewers.) If Fox were to continue to give air time to Trump and these lies, Dominion could conceivably use the hearings disclosures as evidence that Fox despite knowing that the election was lost has continued to promote these falsehoods that Trump won simply by interviewing him and covering his speeches and rallies.
Just Sentenced
The girl has a point re her Dad . .The Free World's Leader said How Sad
He was losing his country . . For some purpose he was hungry
For inside news with The Message was glad
He just got seven years . . .for slipping his gears . .
While the enablers still out there . .RINO hunting #Alas, BabbleOn
Great information & strategy Robert!
While I applaud the victims of the Sandy Hooks massacre I must. make two comments: if you are married and have two children's consider the following: If you husband died, you would be a widow. if your wife died, you would be a widower. if your parents die before you are an adult you would be an orphan, if your children die you would be an...............................................
There is no word in the English language for. parent who loser their child by miscarriage, stillbirth, accident or illness., Interesting,
Perhaps Kerry could have sued the Swift Boaters.
I should mention the Columbia Journsliml Review reported the. Mass Media and television gave then Candidate Trump an estimated $2,000,000. in free publicity because his speeches were considered "hot copy"l. There is lots of blame to go around, Let's be liberal in sharing it,
I wonder if the reason there’s no word for it is that often parents who lose a child don’t want anyone to know. It’s that painful.
What ever works! They have persisted in lies and for Fox, their recent change dies not erase what went before. The tucker carlsons should be prime targets.
Robert, your perceptive in observing the distancing taking place re Trump.
Not one of these unprincipled opportunists have changed their strategy, which is: adapt to the moment and do whatever you have to do to survive any attempts to extract truth and justice from them.
I really like the the subtext on the title of this post ; It has teeth!
This is encouraging news. Makes me wonder what some people gain from outlandish lies. Do they get financial contributions? What did Alex Jones get?
Seems unfair: even if some of the worst offenders are punished and/or driven into bankruptcy, why should everyone suffer in the process? Thanks to the offenders identified, public discourse has been held hostage, debased, and likely damaged as a result; little - if anything - was learned, and all of it was easily avoidable (e.g. in the case of basic norms being observed).
What did we gain? Where is the "teaching moment" (or even moral, if there is one) of this "free speech" story...?
Such "lawsuits" are just to distract and dumb down the population.
Corrupt courts unlawfully and criminally suppress lawsuits with actual and solid constitutional claims, pervert the procedure, pervert the law, shamefully lie, etc. And then put on a show like in the example in the article - to promote and boost certain operators and their narratives and to create perception of a "working legal system."
Here, a fraud "sued" for a purported defamation and, with the help of the corporate media, "migrated" to substack for the purpose of further enrichment and defrauding of his unwitting subscribers: https://1dissident.substack.com/p/the-censorship-wars-engineered-by
And here, about the lawless courts and how they operate:
https://1dissident.substack.com/p/corrupt-michael-mcshane-of-federal
https://1dissident.substack.com/p/criminals-of-the-federal-court-for
https://1dissident.substack.com/p/corrupt-ann-aiken-of-the-federal
https://1dissident.substack.com/p/wilson-fields-fetid-scumbag-and-judge
Hope you have insurance.
Suing the conservative media is not without risks. Yes, the Alex Joneses might be reigned in, but the tactic can also be used against progressive media, and could easily damage First Amendment protections. One can imagine the outcome of such cases if they reach the Supreme Court.
The truth is a defense.
While the truth should be a defense in a rational society, it's clear that Congress and the Supreme Court don't agree.
You have to ask?
As if Trump and his Family could not go any lower..........this fellow called Texas Paul exposes how Trump is exploiting Ex-Wife Ivana’s Death for Profit, if true it's bloody awful but what else would you expect https://www.youtube.com/watch?v=cSWu1tCEvpA
Media companies are "governed" by their sponsors. No sponsors no media.
And sponsors are "governed" by their customers. No sales, no sponsors.
David Smiley ; The Supreme Court's ending the ability to sue to hold media accountable would be a true 'third rail'!