Fox lawyers Convince Judge that Fox’s Tucker Carlson is “not stating actual facts” and “any reasonable viewer” should be skeptical of his claims.

To defend Fox personality Tucker Carlson against a defamation lawsuit, Fox’s lawyers successfully argued that no reasonable viewer takes Carlson seriously. CBS | MSN

This is a legal win for Fox, who convinced a judge that Carlson is “not stating actual facts” on his show.

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 Case 1:19-cv-11161-MKV Document 39 Filed 09/24/20 Page 11 of 19 12 “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. 600 W. 115th Corp. v. Von Gutfeld, 80 N.Y.2d 130, 141, 603 N.E.2d 930, 936 (1992). Whether the Court frames Mr. Carlson’s statements as “exaggeration,” “non-literal commentary,” or simply bloviating for his audience, the conclusion remains the same—the statements are not actionable. — KAREN MCDOUGAL v. FOX NEWS NETWORK, LLC