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Donna Brazile, a Democratic analyst, has left the Murdoch-owned network as some hosts and journalists who questioned Donald Trump have exited or been sidelined.Fox News once devoted its 7 p.m. and 11 p.m. time slots to relatively straightforward newscasts. Now those hours are filled by opinion shows led by hosts who denounce Democrats and defend the worldview of former President Donald J. Trump. More
Fox News Media, the Rupert Murdoch-controlled cable group, filed a motion on Tuesday to dismiss a $1.6 billion defamation lawsuit brought against it in March by Dominion Voting Systems, an election technology company that accused Fox News of propagating lies that ruined its reputation after the 2020 presidential election.The Dominion lawsuit and a similar defamation claim brought in February by another election company, Smartmatic, have been widely viewed as test cases in a growing legal effort to battle disinformation in the news media. And it is another byproduct of former President Donald J. Trump’s baseless attempts to undermine President Biden’s clear victory.In a 61-page response filed in Delaware Superior Court, the Fox legal team argues that Dominion’s suit threatened the First Amendment powers of a news organization to chronicle and assess newsworthy claims in a high-stakes political contest.“A free press must be able to report both sides of a story involving claims striking at the core of our democracy,” Fox says in the motion, “especially when those claims prompt numerous lawsuits, government investigations and election recounts.” The motion adds: “The American people deserved to know why President Trump refused to concede despite his apparent loss.”Dominion’s lawsuit against Fox News presented the circumstances in a different light.Dominion is among the largest manufacturers of voting machine equipment and its technology was used by more than two dozen states last year. Its lawsuit described the Fox News and Fox Business cable networks as active participants in spreading a false claim, pushed by Mr. Trump’s allies, that the company had covertly modified vote counts to manipulate results in favor of Mr. Biden. Lawyers for Mr. Trump shared those claims during televised interviews on Fox programs.“Lies have consequences,” Dominion’s lawyers wrote in their initial complaint. “Fox sold a false story of election fraud in order to serve its own commercial purposes, severely injuring Dominion in the process.” The lawsuit cites instances where Fox hosts, including Lou Dobbs and Maria Bartiromo, uncritically repeated false claims about Dominion made by Mr. Trump’s lawyers Rudolph W. Giuliani and Sidney Powell.A representative for Dominion, whose founder and employees received threatening messages after the negative coverage, did not respond to a request for comment on Tuesday night.Fox News Media has retained two prominent lawyers to lead its defense: Charles Babcock, who has a background in media law, and Scott Keller, a former chief counsel to Senator Ted Cruz, Republican of Texas. Fox has also filed to dismiss the Smartmatic suit; that defense is being led by Paul D. Clement, a former solicitor general under President George W. Bush.“There are two sides to every story,” Mr. Babcock and Mr. Keller wrote in a statement on Tuesday. “The press must remain free to cover both sides, or there will be a free press no more.”The Fox motion on Tuesday argues that its networks “had a free-speech right to interview the president’s lawyers and surrogates even if their claims eventually turned out to be unsubstantiated.” It argues that the security of Dominion’s technology had been debated in prior legal claims and media coverage, and that the lawsuit did not meet the high legal standard of “actual malice,” a reckless disregard for the truth, on the part of Fox News and its hosts.Media organizations, in general, enjoy strong protections under the First Amendment. Defamation suits are a novel tactic in the battle over disinformation, but proponents say the strategy has shown some early results. The conservative news outlet Newsmax apologized last month after a Dominion employee, in a separate legal case, accused the network of spreading baseless rumors about his role in the election. Fox Business canceled “Lou Dobbs Tonight” a day after Smartmatic sued Fox in February and named Mr. Dobbs as a co-defendant.Jonah E. Bromwich More
MIAMI — Gov. Ron DeSantis of Florida signed new voting restrictions into law on Thursday that put him in line with other Republicans around the country — with a display of nose-thumbing contempt toward journalists that evoked former President Donald J. Trump.Mr. DeSantis’ brash style has made him stand out from other potential heirs to Mr. Trump’s populist legacy. But his actions are part of a national effort by Republicans to limit the use of popular ballot drop boxes, add identification requirements for voters requesting absentee ballots and do away with local laws that allow automatic registration for absentee voting.The next big move could happen in Texas, although the situation at the State Capitol in Austin is in flux. There is movement in virtually every state with a Republican-controlled legislature — including in Arizona, where G.O.P. lawmakers are conducting an audit of the November results, an exercise that has been plagued by lapses in basic security and accounting procedures.All of this comes in the wake of Mr. Trump’s loss, and his subsequent false claims that expansion of ballot access led to rampant voter fraud. Official audits of election results around the country, conducted by officials from both parties, found no evidence of widespread voter fraud in the 2020 election.Mr. DeSantis enacted the legislation even after he had promoted Florida’s handling of the November elections. Mr. Trump won the state by three percentage points.The governor gave Fox News, his preferred major cable news outlet — and Mr. Trump’s — an exclusive to broadcast the bill signing ceremony from West Palm Beach on Thursday morning, in an event that resembled a campaign rally as much as an official act of state government.Supporters of Mr. DeSantis gathered inside a Hilton near the airport, donning DeSantis and Trump campaign gear. Before they entered, some people waved Trump-DeSantis and DeSantis 2024 banners, according to photos on social media shared by journalists locked outside the doors.“Right now, I have what we think is the strongest election integrity measures in the country,” a seated Mr. DeSantis told Fox as a rowdy crowd cheered behind him.Mr. DeSantis and his predecessors have been known to sign bills, especially controversial ones, in private. Gov. Brian Kemp of Georgia, a lower-key politician who has kept Mr. Trump at a relative arm’s length, signed his state’s bill in a conference room in his office, as a Democratic state legislator knocked on the door, demanding to be let in.Giving exclusive access to a cable news network was unusual, if not unprecedented. A reporter from a local CBS station said it was supposed to carry the broadcast feed for other stations, a practice known as pooling, but was also not allowed inside.Florida is the latest state to pass voter restrictions as Republicans move to reverse gains made by Democrats in Georgia, Arizona and elsewhere. In Texas, Republicans in the legislature are brushing aside objections from corporate titans like Dell Technologies, Microsoft and American Airlines and moving on a vast election bill that would be among the most severe in the nation. It would impose new restrictions on early voting, ban drive-through voting, threaten election officials with harsher penalties and greatly empower partisan poll watchers. The main bill passed a key committee in a late-night session on Thursday, and could head to a full floor vote in the House as early as next week.Bills to restrict voting have also been moving through Republican-led legislatures in Arizona and Michigan. More
The election technology company Smartmatic pushed back on Monday against Fox News’s argument that it had covered the aftermath of the 2020 presidential election responsibly, stating that Fox anchors had played along as guests pushed election-related conspiracy theories.“The First Amendment does not provide the Fox defendants a get-out-of-jail-free card,” Smartmatic’s lawyer, J. Erik Connolly, wrote in a brief filed in New York State Supreme Court. “The Fox defendants do not get a do-over with their reporting now that they have been sued.”The brief came in response to motions filed by Fox Corporation and three current and former Fox hosts — Maria Bartiromo, Jeanine Pirro and Lou Dobbs — to dismiss a Smartmatic lawsuit accusing them of defamation.Smartmatic and another company, Dominion Voting Systems, became the focus of baseless conspiracy theories after the Nov. 4 election that they had manipulated vote totals in contested states. Those conspiracy theories were pushed by Rudolph W. Giuliani and Sidney Powell, serving as personal lawyers to former President Donald J. Trump, on Fox News, Mr. Trump’s longtime network of choice. Smartmatic, which says that the conspiracy theories destroyed its reputation and its business, provided election technology in only one county during the election.Last month, Dominion also sued Fox News. Together, the two suits represent a billion-dollar challenge to the Fox empire, which, after Smartmatic filed its lawsuit, canceled the Fox Business program hosted by Mr. Dobbs.“The filing only confirms our view that the suit is meritless and Fox News covered the election in the highest tradition of the First Amendment,” the network said in a statement late Monday.Fox’s motion, as well as those of its anchors, argued that the mentions of Smartmatic were part of its reporting on a newsworthy event that it was duty-bound to cover: A president’s refusal to concede an election and his insistence that his opponent’s victory was not legitimate.But the response Smartmatic filed on Monday, which runs for 120 pages, said that argument amounted to wishful thinking and that Fox had not covered the claims about Smartmatic objectively or fairly.“The Fox defendants wedded themselves to Giuliani and Powell during their programs,” the brief said. “They cannot distance themselves now.”Fox will have several weeks to respond to the brief, and a judge will eventually consider whether to allow Smartmatic’s case to proceed. More
Fox News just hired a Trump. But not Donald.Lara Trump, the daughter-in-law of former President Donald J. Trump, is joining the cable channel as a paid on-air contributor, the network announced on Monday. The move was not exactly a surprise, as Ms. Trump acknowledged during a morning appearance on “Fox & Friends.”“I sort of feel like I’ve been an unofficial member of the team for so long,” Ms. Trump told the show’s co-hosts, Steve Doocy, Ainsley Earhardt and Brian Kilmeade. “Over the past five years, I would come there so often that the security guards were like, ‘Maybe we should just give you a key.’”Mr. Doocy, Mr. Earhardt and Mr. Kilmeade welcomed their new colleague with an on-air round of applause.Ms. Trump, who is married to the former president’s son Eric, was a frequent guest on Fox News during the 2020 campaign, when she served as a surrogate for her father-in-law. Recently, Ms. Trump floated the possibility of running for a U.S. Senate seat in North Carolina, her home state. On Monday, she told “Fox & Friends” that she had not “officially made a decision, but hopefully sometime soon.”She is the second member of Donald Trump’s inner circle to join the Fox News payroll in recent weeks. Kayleigh McEnany, the former White House press secretary, signed on this month as a contributor.If Ms. Trump does pursue a run for public office, Fox News policy would require that she and the network cut ties. Sarah Huckabee Sanders, another close ally of Mr. Trump who served as his press secretary, joined Fox News as a contributor in September 2019 after leaving the White House. The network terminated her contract in January after she announced that she would run for governor of Arkansas.During her Monday appearance, Ms. Trump criticized the Biden administration for its handling of immigration policy and offered “100 percent complete credit” to her father-in-law for this year’s national vaccine rollout.Her hiring was the latest example of the revolving door between Fox and Mr. Trump’s circle.Larry Kudlow, a former CNBC anchor who directed Mr. Trump’s National Economic Council, was hired by Fox in January. He has since debuted a weekday Fox Business program and regularly appears as an analyst on Fox News.Previously, Heather Nauert, a former “Fox & Friends” anchor, and John R. Bolton, a Fox News commentator, accepted roles in Mr. Trump’s administration. So did Bill Shine, a former Fox News co-president, who served as Mr. Trump’s deputy chief of staff. Kimberly Guilfoyle, a former co-host of “The Five” on Fox News, worked as a top official on Mr. Trump’s 2020 campaign and is dating the former president’s eldest son, Donald J. Trump Jr.When Mr. Bolton appeared on Fox News in March 2018 shortly after being named Mr. Trump’s national security adviser, he appeared briefly confused about his status at the network. “I think I still am a Fox News contributor,” he told the anchor Martha MacCallum.“No,” Ms. MacCallum replied. “You’re not.” More
AdvertisementContinue reading the main storySupported byContinue reading the main storyCongressional Committee Presses Cable Providers on Election Fraud ClaimsBefore a hearing scheduled for Wednesday, Democratic members of the House Energy and Commerce Committee asked cable companies what they did to combat “the spread of misinformation.”President Trump’s supporters approach the Capitol on Jan. 6.Credit…Kenny Holston for The New York TimesFeb. 22, 2021, 9:14 a.m. ETThree months ago, federal lawmakers grilled Mark Zuckerberg, Facebook’s chief executive, and Jack Dorsey, Twitter’s chief, about the misinformation that had appeared on their platforms. Now, a congressional committee has scheduled a hearing to focus on the role of companies that provide cable television service in the spread of falsehoods concerning the 2020 election.In advance of the Wednesday hearing, called “Fanning the Flames: Disinformation and Extremism in the Media,” members of the House Energy and Commerce Committee sent a letter on Monday to Comcast, AT&T, Spectrum, Dish, Verizon, Cox and Altice, asking about their role in “the spread of dangerous misinformation.”The committee members also sent the letter to Roku, Amazon, Apple, Google and Hulu, digital companies that distribute cable programming.The scrutiny of cable providers took on new urgency after supporters of former President Donald J. Trump, who repeatedly promoted the debunked claim that the election was rigged, stormed the Capitol on Jan. 6.“To our knowledge, the cable, satellite and over-the-top companies that disseminate these media outlets to American viewers have done nothing in response to the misinformation aired by these outlets,” two Democratic representatives from California, Anna G. Eshoo and Jerry McNerney, wrote in the letter, which was reviewed by The New York Times.None of the companies to which the letter was sent immediately replied to requests for comment.Newsmax, a right-wing cable channel carried by AT&T, CenturyLink, Charter, Comcast, Dish and Verizon, had a surge in ratings in November because of programs that embraced the former president’s claims of voter fraud. One America News Network, a right-wing outlet carried by AT&T, CenturyLink and Verizon, also promoted the false theory.Fox News, the most-watched cable news network, which is available from all major carriers, was one of five defendants in a $2.7 billion defamation lawsuit filed this month by the election technology company Smartmatic. In the suit, the company accused Fox News, its parent company Fox Corporation, three Fox anchors and two frequent Fox guests of promoting false claims about the election and Smartmatic’s role in it. (Fox has denied the claims and filed a motion to dismiss the suit.)Congress can raise the issue of whether cable providers bear responsibility for the programs they deliver to millions of Americans, but it may have no way to force them to drop networks that have spread misinformation. And unlike broadcast stations, cable channels do not have licenses that are regulated by the Federal Communications Commission.The lawmakers’ letter asks the companies, “What steps did you take prior to, on, and following the November 3, 2020 elections and the January 6, 2021 attacks to monitor, respond to, and reduce the spread of disinformation, including encouragement or incitement of violence by channels your company disseminates to millions of Americans?”“Are you planning to continue carrying Fox News, OANN, and Newsmax on your platform both now and beyond the renewal date?” the letter continues. “If so, why?”Blair Levin, who served as the F.C.C.’s chief of staff under President Bill Clinton, said a hearing could be a first step toward meaningful action. “You have to establish a factual record that on both the election and Covid, tens of millions of Americans believe things that are just factually not true, and then try to figure out: ‘What are the appropriate roles for the government in changing that dynamic?’” Mr. Levin said.Harold Feld, the senior vice president at Public Knowledge, a nonprofit group focused on telecommunications and digital rights, suggested that legislators might not have easy options to exert influence over Fox, Newsmax or OAN.“You have a lot of people who are very angry about it, you have a lot of people who want to show that they’re very angry about it, but you don’t have a lot of good ideas yet about what you ought to be doing about it,” he said.For now, defamation lawsuits filed by private companies have taken the lead in the fight against disinformation promoted on some cable channels.Last month, Dominion Voting Systems, another election technology company that has figured prominently in conspiracy theories about the 2020 vote, sued two of Mr. Trump’s legal representatives, Rudolph W. Giuliani and Sidney Powell, in separate lawsuits, each seeking more than $1 billion in damages. Both appeared as guests on Fox News, Fox Business, Newsmax and OAN in the weeks after the election.On Monday, Dominion sued Mike Lindell, the chief executive of MyPillow, alleging that he defamed Dominion with baseless claims of election fraud involving its voting machines.AdvertisementContinue reading the main story More
AdvertisementContinue reading the main storyOpinionSupported byContinue reading the main storyCan We Put Fox News on Trial With Trump?Even if we can’t impeach media companies, we can do more to hold them accountable for sowing sedition.Opinion ColumnistFeb. 10, 2021Credit…Ryan Jenq for The New York Times More
AdvertisementContinue reading the main storySupported byContinue reading the main storyFox News Reports Profit Gain, Despite Ratings DropThe media powerhouse remains a profit machine, but it faces challenges, including competition from newer outlets and a defamation suit against its parent company.Lachlan Murdoch, the chief executive of the Fox Corporation, said audience pullback after the election was expected.Credit…Mike Cohen for The New York TimesFeb. 9, 2021Updated 4:02 p.m. ETIf Rupert Murdoch’s Fox News is at all worried about recent ratings declines, the company hid its concern well. Mr. Murdoch’s powerhouse television business continues to see growth in revenue and profit, reporting gains on both areas in its quarterly earnings report announced Tuesday.Fox Corporation, led by Mr. Murdoch’s son Lachlan Murdoch, the chief executive, saw a 17 percent jump in pretax profit, to $305 million. It logged an 8 percent gain in sales, to $4 billion, for the three months ending in December, what the company considers its second fiscal quarter.Despite losing the ratings crown to CNN in recent weeks, Fox News is still a profit machine. The cable division saw a 1 percent gain in revenue, to $1.49 billion, and a 3 percent increase in pretax profit, to $571 million. Advertising increased 31 percent, to $441 million, but the fees paid by cable operators to carry the network fell 3 percent, to $928 million, as more people cut the cord.Lachlan Murdoch trumpeted the cable news network’s performance, downplaying the recent drop in viewership.“The Fox News Channel finished the quarter with its highest average ratings,” he said on an earnings call with analysts. “We are now seeing expected audience pullback since the election,” a phenomenon that he said was “consistent with prior election cycles.” He expects audiences to eventually return to the network.The company also announced a multiyear renewal contract for Suzanne Scott, the head of the network, dispelling any concerns that she may be replaced given its recent ratings performance.“Suzanne’s track record of success, innovative sprit and dedication to excellence make her the ideal person to continue to lead and grow Fox News,” Lachlan Murdoch said in a statement on Tuesday.The network did not disclose the exact length or financial terms of the deal.But hanging over the company’s financial future is a defamation lawsuit recently brought against Fox Corporation by a little-known technology provider. The suit, filed by Smartmatic, whose system was used in the presidential election in Los Angeles County, is seeking at least $2.7 billion in damages against Fox Corporation, Fox News and several of its prime-time stars for participating in “the conspiracy to defame and disparage Smartmatic and its election technology and software,” according to the suit.Mr. Trump and his supporters repeatedly described the election as “rigged,” and Fox News and its sister network Fox Business have given significant airtime to personalities and anchors who have sown doubt about the election results. The suit names the Fox anchors Maria Bartiromo, Lou Dobbs and Jeanine Pirro. Mr. Dobbs’s show was abruptly canceled last week, bringing his decade-long run at the company to an end.The financial penalty sought by Smartmatic appears to closely mirror the amount of profit Fox Corporation generates. For calendar year 2020, the company made about $3.1 billion in pretax earnings. Fox recently filed a motion to dismiss the suit.Fox News also faces competition from newer media outlets that tack even further to the right, such as OANN and Newsmax. Fox loyalists seemed to have turned on the network after it called the presidential election for Joseph R. Biden Jr., with some viewers flocking to competitors.When asked about the ratings declines and the impending battle for its core audience, Mr. Murdoch hesitated before answering.“In the journalism trade, you work out what your market is and produce the best product you can possibly produce,” he said. “At Fox News, the success of Fox News throughout its entire history has been to provide the absolute best news and opinion for a market that we believe is firmly center-right.”He seemed unconcerned about the rise in far-right news outlets that have seen record ratings in recent weeks.“We believe where we’re targeted to the center-right is exactly where we should be targeted,” he said. “We believe that’s where, politically, Americans are.”The company’s Fox broadcast stations helped drive much of the quarter’s growth as local networks saw record political advertising during the presidential election season. The broadcast division saw a 10 percent bump in ad dollars, to $1.8 billion.The addition of Tubi, the ad-supported free streaming service Fox acquired last year, also helped increase revenue to the TV unit. Although it is still a money-losing enterprise, Tubi is expected to double its revenue to about $300 million for the fiscal year ending in June, the company said.Michael Grynbaum contributed reporting.AdvertisementContinue reading the main story More
