9 Comments

A very even-handed treatment of this disgraceful affair. Now that I've used the word, it seems to me that a settlement like this, while it makes sense, is missing the element of disgrace. We want liars and evil-doers to be disgraced and the dissatisfaction comes from seeing them on the air the very next day as if nothing had happened. I wonder if public disgrace is even possible in our time? Or is digrace dead?

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That would be such a terrific essay. I mean, I would start by saying that disgrace requires an audience to change its mind. They are already disgraces as far as we are concerned, and the only thing that prevents them being disgraced before their own audience is not hewing to the MAGA/conspiracist line.

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Claire—spot on. Fox made a mistake in not thinking to settle earlier (what were they thinking exactly or do they even ever?). The exposure was enough to confirm what many already knew and to maybe create some doubt in their alt-universe audience. It packs a strong financial punch and sets up future lawsuits. And it serves as a real warning about lying in the name of news. Sure, it was one corporation against another, and Fox wasn’t completely embarrassed into outright admissions of guilt, but what corporations understand is money and this financial settlement is a big deal.

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That's really right--of course they should have settled earlier. What will be interesting to see is when Trump is defeated--either for the nomination or the presidency (and he will be)--what will they do?

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So they were not actually lying but the corporations aligned with China can put to good use of its favorite tools in the way of LAWFARE!

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What are you talking about?

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“who is actually dead” lol

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As a 40 year trial lawyer, the settlement was the way to go. However, CNN, and MSNBC also breathed a sigh of relief. If this had gone to trial, and Fox lost, an appeal would immediately follow. It would end up with the Supremes , and bot Thomas and Alito want another shot at the "actual malice" standard set forth in Sullivan vs. New York Times. A change could open up the litigation floodgates, ie. Trump definitely collided with the Russians for starters. The settlement will be be primarily paid by the second and third tier insurers.

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Apr 20, 2023
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So glad you got this connection! I feel like we are in seminar together.

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