[troutman]

You Literally Can't Believe The Facts Tucker Carlson Tells You. So Say Fox's Lawyers

https://www.npr.org/2020/09/29/91774...ay-fox-s-lawye

Just read U.S. District Judge Mary Kay Vyskocil's opinion, leaning heavily on the arguments of Fox's lawyers: The "'general tenor' of the show should then inform a viewer that [Carlson] is not 'stating actual facts' about the topics he discusses and is instead engaging in 'exaggeration' and 'non-literal commentary.' "

She wrote: "Fox persuasively argues, that given Mr. Carlson's reputation, any reasonable viewer 'arrive[s] with an appropriate amount of skepticism' about the statement he makes."

Vyskocil, an appointee of President Trump's, added, "Whether the Court frames Mr. Carlson's statements as 'exaggeration,' 'non-literal commentary,' or simply bloviating for his audience, the conclusion remains the same — the statements are not actionable."

Vyskocil's ruling last week, dismissing a slander lawsuit filed against Carlson, was a win for Fox, First Amendment principles and the media more generally, as Fox News itself maintains. As a legal matter, the judge ruled that Karen McDougal, the woman suing Carlson, failed to surmount the challenge.