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re: So I think I finally lost my friend to the disease of liberalism

Posted on 2/8/24 at 2:56 pm to
Posted by BrianGriffin
Member since Jan 2024
29 posts
Posted on 2/8/24 at 2:56 pm to
quote:

Commentary immediately following factual statements are not themselves facts. They are commentary. That was the argument, not that the whole show is made up.


Oh but it was, the show is "exaggeration"

quote:

In light of this precedent and the context of “Tucker Carlson Tonight,” the Court finds that Mr. Carlson’s invocation of “extortion” against Ms. McDougal is nonactionable hyperbole, intended to frame the debate in the guest commentator segment that followed Mr. Carlson’s soliloquy. As Defendant notes, Mr. Carlson himself aims to “challenge[] political correctness and media bias.” Def. Br. at 14. This “general tenor” of the show should then inform a viewer that he is not “stating actual facts” about the topics he discusses and is instead engaging in “exaggeration” and “non-literal commentary.” Milkovich, 497 U.S. at 20-21; Levinsky’s, Inc. v. Wal-Mart Stores, Inc., 127 F.3d 122, 128 (1st Cir. 1997)). Fox persuasively argues, see Def Br. at 13-15, that given Mr. Carlson’s reputation, any reasonable viewer “arrive[s] with an appropriate amount of skepticism” about the statements he makes.


Posted by Duane Dibbley
Red Dwarf
Member since Nov 2011
1628 posts
Posted on 2/8/24 at 3:17 pm to
Do you understand that his lawyers were using the Rachel Maddow defense. She had a case before the court and her lawyers argued that her show was not news and it worked for her so his lawyers used it like any good lawyer would.

.Rachel Maddow "Is Not News" Says Court Ruling!
Posted by alumiknotty
Member since Jan 2023
129 posts
Posted on 2/8/24 at 4:21 pm to
quote:

Oh but it was, the show is "exaggeration"


Again, his comments of “extortion” were commentary, you can call hyperbolic sure. But they are commentary directly after the factual statement.

Besides, like someone else pointed out, this is a legal argument that has precedent so his lawyers would be stupid not to use it.
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