Post AUn6SA4TfJ9iryRvkm by CarlataOld@mas.to
(DIR) More posts by CarlataOld@mas.to
(DIR) Post #AUn2vbp3ANdtWH1HUm by Teri_Kanefield@law-and-politics.online
2023-04-18T22:02:13Z
1 likes, 0 repeats
Defamation cases are notoriously hard to win, particularly against media outlets.Lying isn't illegal. The First Amendment offers lots of protections. Fox losing could encourage other lawsuits.Did I ever tell you all about New York Times v. Sullivan, and why the standards are so high?Anyone want a story?Maybe instead of having a rant, I should tell you all a story.Grab some ☕ and settle into your chair.Story coming . . . 1/
(DIR) Post #AUn2vcT6lRgXWVlGvw by Teri_Kanefield@law-and-politics.online
2023-04-18T22:07:08Z
0 likes, 0 repeats
I just realized I told you this before, but here goes.The dispute arose during the 1960s Civil Rights. The New York Times published an ad seeking contributions to defend Martin Luther King. Sullivan, a city Public Safety Commissioner in Alabama, understood that the ad was criticizing him and his subordinates. Hoping to put the pro-civil rights New York Times out of business, Sullivan sued the New York Times and a group of Alabama ministers (Black Americans) . . .2/
(DIR) Post #AUn2vdAi9KYzhkA5tg by Teri_Kanefield@law-and-politics.online
2023-04-18T22:08:16Z
0 likes, 0 repeats
Sullivan sued for defamation on the grounds that the ad contained a few factual inaccuracies and libeled him. (He was not mentioned by name in the ad.) He sued under Alabama libel law. A local jury in Alabama awarded Sullivan $500,000 in damages against New York Times, a staggering amount for a newspaper to pay. The Alabama State Supreme Court affirmed the judgment.The New York Times appealed to the US Supreme Court. 3/
(DIR) Post #AUn2ve6qfB4Gc3MWW0 by Teri_Kanefield@law-and-politics.online
2023-04-18T22:09:32Z
0 likes, 0 repeats
In deciding the case, the Supreme Court set out a standard for deciding when a publication is liable for lies or inaccuracies:When a statement concerns a public figure, it is not enough to show that it is false for the press to be liable for libel. Instead, the target of the statement must show that it was made with knowledge of or reckless disregard for its falsity.(In the initial filings, the assumption was that Dominion was a public figure, although arguably it isn't).4/
(DIR) Post #AUn2vemKAyFEggleAC by Teri_Kanefield@law-and-politics.online
2023-04-18T22:12:13Z
0 likes, 0 repeats
The standard is meant to be difficult.Under the heightened standard, Sullivan lost. Imagine if Sullivan had won: Segregationalists would have gone around putting any newspaper that “libeled” them out of business.If you criticized segregationalists, one could sue you.Now, under this heightened standard FOX LOST.We don't have many cases like this because the standard in Sullivan discourages defamation cases against media outlets.5/
(DIR) Post #AUn2vfb18UnJDuU8B6 by Teri_Kanefield@law-and-politics.online
2023-04-18T22:15:26Z
1 likes, 1 repeats
Other cases are coming down the pike.Fox may keep settling, which means they will keep paying money.People damaged by the lies may be more encouraged to sue.If you want to fatally wound Fox I understand that the way to do it is to get cable to stop carrying them. (I don't know much about that)Also it would be nice to educate people about how they spread disinformation, but good luck with that.Too many people are addicted to the entertain meant and rage Fox peddles.6/
(DIR) Post #AUn34ktwmRSeHefhLc by morecowbell@mastodon.social
2023-04-18T22:09:37Z
0 likes, 0 repeats
@Teri_Kanefield What about coups? Are coups illegal? Sex trafficking? Rape? Tax fraud? Election fraud? There is no justice system. None.
(DIR) Post #AUn34lcy53TQXHjeWO by Teri_Kanefield@law-and-politics.online
2023-04-18T22:17:43Z
1 likes, 0 repeats
@morecowbell Hi there. Please read the blog posts linked in my first two posts.After you read those posts, please get back to me so we can decide whether we're better off blocking each other.Thanks.
(DIR) Post #AUn5z5sSBAoxSqxspc by JamesGleick@zirk.us
2023-04-18T22:53:36Z
0 likes, 1 repeats
@Teri_Kanefield For anyone with cable TV, it’s very hard to arrange a package WITHOUT Fox News that still let’s you watch all or much of want you want. I know, because I’ve done it. It takes determination. But it’s (usually) possible. This is why most people are paying for Fox News without thinking about it.
(DIR) Post #AUn6828vQtAqUMvrQ8 by Leu2500@mastodon.social
2023-04-18T22:55:00Z
0 likes, 0 repeats
@Teri_Kanefield cable doesn’t have to stop carrying them, just stop overpaying them. Contracts with 3 big cable cos. Are up for renewal. #nofoxfee & #unfoxmybox have info on what actions consumers can take
(DIR) Post #AUn6SA4TfJ9iryRvkm by CarlataOld@mas.to
2023-04-18T22:58:53Z
0 likes, 0 repeats
@Teri_Kanefield And too many people love the rage against fox, while the hard work of learning how to influence cable companies goes undone.
(DIR) Post #AUn9AZU0kIRKKhhFcu by The_Turtle_Moves@mastodon.online
2023-04-18T23:29:19Z
0 likes, 0 repeats
@Teri_Kanefield and I presume that for the future cases, Fox won't have quite so many opportunities for discovery shenanigans
(DIR) Post #AUn9v8qrZv7lLbalYu by paninid@mastodon.world
2023-04-18T23:37:42Z
0 likes, 0 repeats
@Teri_Kanefield @morecowbell A lot of folks are revealing their complete lack of critical thinking this week and it’s only Tuesday.
(DIR) Post #AUnAIQ7lWd39Ztb8kK by Npars01@mstdn.social
2023-04-18T23:41:56Z
0 likes, 0 repeats
@Teri_Kanefield @morecowbell Descending into frustrated rage and magnifying a sense of futility is what Republican billionaire donors are funding. Russia, in particular, focuses on amplifying this kind of malign messaging. They particularly admire calls for riots, general strikes, & violence, because it justifies their calls for a despot to "bring back order."It took 40 years to get here. We're in it for the long haul.A single civil trial isn't going to solve this. Work on democracy.
(DIR) Post #AUnATf52GA0l9GgIl6 by lost_goner@mastodon.coffee
2023-04-18T23:43:55Z
0 likes, 0 repeats
@Teri_Kanefield Interesting bit from the archives.
(DIR) Post #AUnAd8DVIeZQ7W9qxE by tasket@mastodon.social
2023-04-18T23:45:41Z
0 likes, 0 repeats
@Teri_Kanefield Haven't the courts and the FCC given Fox a pass so far by accepting their claim they are "only entertainment" and/or they can knowingly mislead the public?This is all fucked up. The legal profession fucked it up.
(DIR) Post #AUnCcQC3B5L3UaGcwS by jbluespruce@mstdn.social
2023-04-19T00:07:55Z
0 likes, 0 repeats
@Teri_Kanefield Thanks for settling me down. I would have loved to see the disinformation peddlers at Fox have to testify in detail about their lies. However, the discovery process already revealed the core information, for anyone who wants to know it (Fox viewers don't). One risk of allowing the case to go forward was that SCOTUS could have weakened the Sullivan standard. I hope the settlement does embolden others with good cases to sue Fox. Death by a thousand cuts.
(DIR) Post #AUnCwCfBBz6hJxKCYa by laprice@mastodon.social
2023-04-19T00:11:33Z
0 likes, 0 repeats
@Teri_Kanefield the way to educate the public about it is for the Senate to hold hearings and grill Rupert, Lachlan and even some of the online talent about their lies on air.
(DIR) Post #AUnDXxWFwfwzMC9dA0 by Olyindivisible@pnw.zone
2023-04-19T00:18:22Z
0 likes, 0 repeats
@Teri_Kanefield #Foxnews
(DIR) Post #AUnEZGN5RHmY4N3EIK by thedeltareview@mastodon.social
2023-04-19T00:29:47Z
0 likes, 0 repeats
@Teri_Kanefield The problem here though is that unlike the Sullivan case, Fox KNEW they were publishing false statements and did it anyway to please their base. Yes, they're out some money, but they still got away with it. And will do it again.
(DIR) Post #AUnGwRMYwGHIjBz9qS by Teri_Kanefield@law-and-politics.online
2023-04-19T00:56:26Z
0 likes, 0 repeats
@thedeltareview They didn't "get away with it"They lost. In the Sullivan case, the New York times won.That is the difference. Sullivan brought a defamation lawsuit and lost. Dominion brought a defamation lawsuit and won.When you lose, you have to pay. Fox had to pay.The New York Times didn't.Dominion sued for money.Fox had to pay."Fox won" is not true. Stick with the truth.
(DIR) Post #AUnI4zKKe3RqKua8dE by thedeltareview@mastodon.social
2023-04-19T01:09:11Z
0 likes, 0 repeats
@Teri_Kanefield perhaps it’s just semantics, but technically Fox settled out of court. The ugly details of what they did we would have learned at trial are kept under wraps and they admit to no wrongdoing. Not quite a loss as would have been a jury award.
(DIR) Post #AUnIV6YqN62OIkp5Wa by ChrisBoese@newsie.social
2023-04-19T01:13:52Z
0 likes, 0 repeats
@Teri_Kanefield But Dominion had them cold on Actual Malice aforethought. And they sued for a way bigger number. But maybe no one wants Times v Sullivan to go back to the Supreme Court and get reversed?
(DIR) Post #AUnImUCRjieOXSdQHI by ChrisBoese@newsie.social
2023-04-19T01:17:00Z
0 likes, 0 repeats
@Teri_Kanefield I think Dominion could have gotten $1B+. Maybe they suck at negotiating
(DIR) Post #AUnJMRwbbF0Ry6NGBk by msb@mastodon.sdf.org
2023-04-19T01:23:31Z
0 likes, 0 repeats
@Teri_Kanefield FOX is, by their own admission, entertainment programming and not a news outlet.
(DIR) Post #AUnMnFv2iVOsM17JXU by joemcl@mastodon.cloud
2023-04-19T02:01:59Z
0 likes, 0 repeats
@Teri_Kanefield Fox sells enterragement
(DIR) Post #AUnVaNnszRr6d9hpiq by Cassandra@artisan.chat
2023-04-19T03:40:30Z
0 likes, 0 repeats
@Teri_Kanefield Media matters is a good source about the cable bundle issue.
(DIR) Post #AUnYko8WEwJZ3h1Gc4 by stephania@masto.ai
2023-04-19T04:15:36Z
0 likes, 0 repeats
@Teri_Kanefield It is time for a Personal Injury Lawsuit for inspiring paranoia, vitriol, and a basic grasp of reality due to this toxic swamp of lies, fear, and hate spewed daily for years. No amount of money could compensate us for such vexing damages and profound loss so many have experienced in our own families.
(DIR) Post #AUnZXsKPRZKSFTyiTw by Teri_Kanefield@law-and-politics.online
2023-04-19T04:24:54Z
0 likes, 0 repeats
@thedeltareview People don't admit wrongdoing after a trial either. They still insist they were innocent.Moreover, Trials don't always come out right. What if the jury got it wrong?Look at the Kyle Rittenhouse trial.You don't know whether what would happen in the future would be more of a loss. Dominion has ore information than you have, and they reached a different conclusion.
(DIR) Post #AUnaVTv1KJ7Pv2Wd2e by m3t00@mstdn.party
2023-04-19T04:35:39Z
0 likes, 0 repeats
@Teri_Kanefield dropped cable/satellite 15 years ago. stop paying.