You Literally Can't Believe The Facts Tucker Carlson ... - NPR
https://www.npr.org › 2020/09/29 › you-literally-cant-bel...
Sep. 29, 2020 — Fox News viewers don't expect facts from Tucker Carlson, according to network lawyers who defended their star in a slander lawsuit filed by ...
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Now comes the claim that you can't expect to literally believe the words that come out of Carlson's mouth. And that assertion is not coming from Carlson's critics. It's being made by a federal judge in the Southern District of New York and by Fox News's own lawyers in defending Carlson against accusations of slander. It worked, by the way.
Just read U.S. District Judge Mary Kay Vysocil'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.'
She wrote: "Fox persuasively argues, that given Mr. Carlson's reputation, any reasonable viewer 'arrive[s] with an appropriate amount of skepticism' about the statement he makes."
..... Carlson's lawyers said. In written briefs, they cited previous rulings to argue Carlson's words were "loose, figurative or hyperbolic." They took note of a nonjournalist's use of the word "extort," which proved nondefamatory because it was mere "rhetorical hyperbole, a vigorous epithet."
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."
In sum, the Fox News lawyers mocked the legal case made by McDougal's legal team. She alleged "a reasonable viewer of ordinary intelligence listening or watching the show ... would conclude that [she] is a criminal who extorted Trump for money" and that "the statements about [her] were fact."
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Apparently neither the U.S. District Judge (appointed by Trump) nor the FOX lawyers would consider the resident "right wingers" in this forum to be "reasonable viewer(s) of ordinary intelligence!"