10 Comments

Agreed on all points! Great piece. For me, the para below is the most pertinent and ties back to your podcast, "Episode 20: Extremism in Defense of Liberty is No Vice."

---"And a trial would not have caused Trump supporters and conspiracists to finally see the light. Evidence from this case alone underlines the reality that when the Fox audience can't get conspiracy theories and lies, the staple elements of their belief system, in one place, they go somewhere else."--

In the podcast, you and Dallek talked about how everything old is new again. And how, over time, ideology is passed down through various structures. Partisan media is one of those structures. It is the new church at which people on both sides worship - sacrificing what little if any critical thought or logic they had left on the altar.

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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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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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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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“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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