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Strategies & Market Trends : ajtj's Post-Lobotomy Market Charts and Thoughts

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Jacob Snyder
To: yard_man who wrote (30306)7/12/2021 6:09:34 PM
From: ajtj991 Recommendation  Read Replies (3) of 97475
 
Media is a catch-all term. I do know that in a Federal District Court, NBC swore that Rachel Maddow's show was entertainment, not news. Fox also swore in a Federal District Court that Tucker Carlson's show was not stating actual facts, and we see in court documents that both of these entertainers are engaging in opinion, exaggeration, and non-literal commentary. I suspect both of these networks would argue that all of their on-air talent were doing the same if they were hauled into court one by one:

npr.org

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.' "


Media lawyers note this is not the first time this sort of defense has been offered. A $10 million libel lawsuit filed by the owners of One America News Network against MSNBC's top star, Rachel Maddow, was dismissed in May when the judge ruled she had stretched the established facts allowably: "The context of Maddow's statement shows reasonable viewers would consider the contested statement to be opinion."

The Fox team's legal briefs compared Carlson's show to radio talk-show programs hosted by ex-MSNBC and Fox Business star Don Imus, who won a case more than two decades ago because an appellate court ruled that "the complained of statements would not have been taken by reasonable listeners as factual pronouncements but simply as instances in which the defendant radio hosts had expressed their views over the air in the crude and hyperbolic manner that has, over the years, become their verbal stock in trade."
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