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      Landmark Trial Against Fox News Could Affect the Future of Libel Law

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      Jury selection starts on Thursday in Delaware Superior Court, where the proceedings will tackle misinformation and the limits of journalistic responsibility.Dominion Voting Systems’ defamation case against Fox News, which goes to trial in Delaware next week, is expected to stoke hot-button debates over journalistic ethics, the unchecked flow of misinformation, and the ability of Americans to sort out facts and falsehoods in a polarized age.For a particular subset of the legal and media communities, the trial is also shaping up as something else: the libel law equivalent of the Super Bowl.“I’ve been involved in hundreds of libel cases, and there has never been a case like this,” said Martin Garbus, a veteran First Amendment lawyer. “It’s going to be a dramatic moment in American history.”With jury selection set to begin on Thursday in Delaware Superior Court in Wilmington, the case has so far been notable for its unprecedented window into the inner workings of Fox News. Emails and text messages introduced as evidence showed the Fox host Tucker Carlson insulting former President Donald J. Trump to his colleagues, and Rupert Murdoch, whose family controls the Fox media empire, aggressively weighing in on editorial decisions, among other revelations.Now, after months of depositions and dueling motions, the lawyers will face off before a jury, and legal scholars and media lawyers say the arguments are likely to plumb some of the knottier questions of American libel law.Dominion, an elections technology firm, is seeking $1.6 billion in damages after Fox News aired false claims that the company had engaged in an elaborate conspiracy to steal the 2020 presidential election for Joseph R. Biden Jr. The claims, repeated on Fox programs hosted by anchors like Maria Bartiromo and Lou Dobbs, were central to Mr. Trump’s effort to persuade Americans that he had not actually lost.Lawyers for Fox have argued that the network is protected as a news-gathering organization, and that claims of election fraud, voiced by lawyers for a sitting president, were the epitome of newsworthiness. “Ultimately, this case is about the First Amendment protections of the media’s absolute right to cover the news,” the network has said.It is difficult to prove libel in the American legal system, thanks in large part to New York Times v. Sullivan, the 1964 Supreme Court decision that is considered as critical to the First Amendment as Brown v. Board of Education of Topeka is to civil rights.The Sullivan case set a high legal bar for public figures to prove that they had been defamed. A plaintiff has to prove not just that a news organization published false information, but that it did so with “actual malice,” either by knowing that the information was false or displaying a reckless disregard for the truth.The question of that motivation is central to the Dominion case. The trial judge, Eric M. Davis, has already concluded in pretrial motions that the statements aired by Fox about Dominion were false. He has left it to the jury to decide if Fox deliberately aired falsehoods even as it was aware the assertions were probably false.Documents show Fox executives and anchors panicking over a viewer revolt in the aftermath of the 2020 election, in part because the network’s viewers believed that it had not sufficiently embraced Mr. Trump’s claims of fraud. Dominion can wield that evidence to argue that Fox aired the conspiracy theories involving Dominion for its own financial gain, despite ample evidence that the claims were untrue. (Fox has responded that Dominion “cherry-picked” its evidence and that the network was merely reporting the news.)Lawyers on their way out of Delaware Superior Court. Fox suffered some setbacks this week before the trial.Hannah Beier for The New York TimesMr. Garbus, the First Amendment lawyer, has spent decades defending the rights of media outlets in libel cases. Yet like some media advocates, he believes that Fox News should lose — in part because a victory for Fox could embolden a growing effort to roll back broader protections for journalists.That effort, led mainly but not exclusively by conservatives, argues that the 1964 Sullivan decision granted too much leeway to news outlets, which should face harsher consequences for their coverage. Some of the leading proponents of this view, like the Supreme Court justice Clarence Thomas and Gov. Ron DeSantis of Florida, are conservative heroes who are sympathetic to the right-wing views of Fox programming. But if Fox prevails in the Dominion case, despite the evidence against it, the result could fuel the argument that the bar for defamation has been set too high.Not all media lawyers agree with this reasoning. Some even think a loss for Fox could generate problems for other news organizations.Jane Kirtley, a former executive director of the Reporters Committee for Freedom of the Press, who teaches media law at the University of Minnesota, said she detected from Fox critics “an intense desire for someone to say definitively that Fox lied.” But she added, “I don’t see a victory for Dominion as a victory for the news media, by any means.”“As an ethicist, I deplore a lot of what we’ve learned about Fox, and I would never hold it up as an example of good journalistic practices,” Ms. Kirtley said. “But I’ve always believed that the law has to protect even those news organizations that do things the way I don’t think they should do it. There has to be room for error.”Ms. Kirtley said she was concerned that the Dominion case might lead to copycat lawsuits against other news organizations, and that the courts could start imposing their own standards for what constituted good journalistic practice.Dominion’s effort to unearth internal emails and text exchanges, she added, could be reproduced by other libel plaintiffs, leading to embarrassing revelations for news outlets that might otherwise be acting in good faith.“It’s an intense scrutiny into newsroom editorial processes, and I’m not sure that members of the public will look at it very kindly,” she said. “Maybe the emails show they’re being jocular or making fun of things that other people take very seriously.”Journalism, she said, “is not a science,” and she said she felt uncomfortable with courts determining what constituted ethical news gathering.Fox suffered some setbacks this week before the trial. On Tuesday, Judge Davis barred the network from arguing that it aired the claims about Dominion on the basis that the allegations were newsworthy, a crucial line of defense. On Wednesday, he imposed a sanction on Fox News and scolded its legal team after questions arose about the network’s timely disclosure of additional evidence. The judge said he would probably start an investigation into the matter; the network said its lawyers had produced additional evidence “when we first learned it.”The trial may feature testimony from high-profile Fox figures, including Mr. Murdoch, Mr. Carlson, Ms. Bartiromo and Suzanne Scott, the chief executive of Fox News Media. More

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      How Fox Chased Its Audience Down the Rabbit Hole

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      Listen to This ArticleAudio Recording by AudmOn the evening of Nov. 19, 2020, Rupert Murdoch was watching TV and crawling the walls of his 18th-century mansion in the British countryside while under strict pandemic lockdown. The television hosts at Murdoch’s top cable network, Fox News, might have scoffed at such unyielding adherence to Covid protocols. But Jerry Hall, his soon-to-be fourth ex-wife and no fan of Fox or its conservative hosts, was insisting that Murdoch, approaching his 90th birthday, remain cautious.The big story that day, as it had been every day in the two weeks since the election, was election theft, and now Rudolph W. Giuliani was giving a news conference at the Republican National Committee. With Sidney Powell, the right-wing attorney and conspiracy theorist, at his side, Giuliani, sweating profusely, black hair dye dripping down the side of his face, spun a wild fantasy about Joe Biden’s stealing the election from President Donald J. Trump. Dizzying in its delusional complexity, it centered on a supposed plot by the Clinton Foundation, George Soros and associates of Hugo Chávez to convert Trump votes into Biden votes by way of software from Smartmatic and voting machines from Dominion Voting Systems.Murdoch wasn’t pleased. He had built the most powerful media empire on the planet by understanding what his audience wanted and giving it to them without fear or judgment. But Trump now appeared to be making a serious bid to overturn a legitimate election, and his chaos agents — his personal lawyer Giuliani chief among them — were creating dangerous new appetites. Now Murdoch was faced with holding the line on reporting the facts or following his audience all the way into the land of conspiracy theories. Neither choice was necessarily good for business. At 5:01 p.m. London time, he sent an email to his friend Saad Mohseni — an Afghan Australian media mogul sometimes referred to as the Afghan Rupert Murdoch — from his iPhone. “Just watched Giuliani press conference,” he wrote. “Stupid and damaging.” Shortly after, he sent another email, this one to his Fox News chief executive, Suzanne Scott: “Terrible stuff damaging everybody, I fear. Probably hurting us, too.”Murdoch had for weeks — for years, really — avoided making a choice. Trump and his supporters were already furious at Fox News for being the first network to call Biden the victor in Arizona, and two newer cable networks were offering them a version of reality more fully on Trump’s terms. One of them, Newsmax, was moving up in the ratings while refusing to call Biden the winner. When Murdoch’s own paper, The Wall Street Journal, reported a few days before Giuliani’s news conference that Trump allies were considering pouring money into Newsmax to help it mount a stiffer challenge to Fox, Murdoch alerted Scott to the piece. Fox would have to play this just right, he said in an email. Take Giuliani with “a large grain of salt,” he wrote, but also be careful not to “antagonize Trump further.”The network’s coverage of the Giuliani news conference showed just how impossible this balancing act would be. Immediately afterward, a Fox News White House correspondent, Kristin Fisher, went to the network’s camera position outside the West Wing and fact-checked the allegations. “So much of what he said was simply not true,” she told Fox viewers. Giuliani, she said, provided no hard proof for a claim that “really cuts to the core of our democratic process.” Fox’s opinion hosts, who had been broadcasting the Giuliani-Powell Dominion fantasies to varying degrees themselves — some appearing to endorse them outright — had been complaining internally that the news division’s debunking efforts were alienating the core audience. An executive at the Fox Corporation, the network’s parent company, had recently started a brand protection effort to, among other tasks, “defend the brand in real time.” After Fisher’s segment, the group sent an alert to top news executives. In a follow-up email, Scott vented to a deputy. “I can’t keep defending these reporters who don’t understand our viewers and how to handle stories,” she wrote. “We have damaged their trust and belief in us.” One of Fisher’s bosses told her that she needed to do a better job of “respecting our audience,” and Fisher later complained of feeling sidelined. More

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      Trump’s Return to Fox News Gets a Cool Reception … on Fox News

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      The network used to be a safe space for the former president. But Brian Kilmeade, Jason Chaffetz and others had tough words for his appearance on “Hannity,” his first Fox interview in months.Reunions can be awkward.Former President Donald J. Trump finally returned this week to his old stomping ground, Fox News, after several months away. The chilly reception from some of his onetime media allies underscored his uneasy place at the moment in Republican politics.Yes, Sean Hannity, the Fox News anchor who conducted the interview, listened patiently as Mr. Trump reeled off his usual talking points about the “fake news media” and “horrible” Democrats. The former president said Gov. Ron DeSantis of Florida, a potential rival for the Republican presidential nomination, would be toiling “at a pizza parlor” without his endorsement. And he concluded with the grim assessment that “our country is dead.”But while Fox News and Mr. Trump existed for years in a kind of symbiosis — with on-air personalities effusively praising Mr. Trump, and benefiting from big ratings for his frequent appearances — the network is no longer the all-encompassing Trump safe space it used to be.Rupert Murdoch has used media properties like Fox News to promote Mr. DeSantis as a potential savior of the Republican Party. Until this week, Mr. Trump had not appeared on a Fox News broadcast since declaring his candidacy in November. And minutes after his interview aired, network personalities were taking the former president to task.Laura Ingraham, whose prime-time program directly follows “Hannity,” was once so close to Mr. Trump that she attended his election night party in November 2020. On her Monday show, she allowed the New York Post columnist Miranda Devine to criticize Mr. Trump for “complaining endlessly about the past” and “constantly dwelling on grievance.”When her other guest, the Trump loyalist Stephen Miller, loudly interjected that the former president “has put forward a new policy plan every week,” Ms. Ingraham sounded skeptical of his argument. “Why isn’t he talking about them?” she asked Mr. Miller.The next morning, Jason Chaffetz, a Republican congressman turned Fox News contributor, denounced Mr. Trump’s performance as “absolutely horrific.”“I voted for Donald Trump twice, I have defended him countless times; I thought he was horrific,” Mr. Chaffetz said. “I think that was the worst interview I’ve seen the president do.” He went on to criticize the former president for “whining,” “complaining” and playing “the victim card.” Steve Doocy and Brian Kilmeade, two of the co-hosts of the morning show “Fox & Friends,” also knocked Mr. Trump’s performance.Nielsen ratings — one of Mr. Trump’s preferred metrics — provided their own kind of tough review. In past years, a Trump interview almost always delivered Fox News’s biggest audience of the day. On Monday, Mr. Trump drew 3.04 million viewers, higher than the average episode of “Hannity” but well below that day’s viewership for “The Five” and “Tucker Carlson Tonight.”With a defamation suit against Fox News filed by Dominion Voting Systems hurtling toward a trial, it was notable that Mr. Hannity’s interview with Mr. Trump was taped. Mr. Trump’s baseless claims about a “rigged” 2020 election are central to the Dominion case; a live appearance by Mr. Trump in which he repeats those claims could be hazardous for the network. It could also put a Fox News anchor in the awkward position of having to contradict Mr. Trump on the air, the kind of exchange that could easily go viral and turn off some of the network’s viewers.Mr. DeSantis, meanwhile, continues to rely on Fox News and other Murdoch properties for his major media appearances, even as his absence from other conservative-friendly outlets like Breitbart News has come under new scrutiny.Megyn Kelly, the former Fox News star who now hosts a successful podcast, revealed to listeners this week that Mr. DeSantis had been ducking her invitations.“I love Piers Morgan, he’s a pal of mine, but why would you go sit with the British guy and not come on this show?” Ms. Kelly said on her program, referring to Mr. DeSantis’s recent interview with the London-based Mr. Morgan.“I will venture to say he’s afraid,” Ms. Kelly added. “I’m just going to put it out there: He’s afraid because he knows the kind of interview that I would give him. He’s not going to get a pass.”The Florida governor avoids most one-on-one interactions with the mainstream media. Other than a recent appearance on Eric Bolling’s Newsmax program, Mr. DeSantis has leaned extensively on venues controlled by Mr. Murdoch, even those based overseas. He gave an interview to The Times of London. Mr. Morgan is based at TalkTV, a British network owned by Mr. Murdoch, although his DeSantis interview aired on the streaming channel Fox Nation and was excerpted by The New York Post.It has not been lost on Mr. Trump’s allies that Mr. DeSantis’s poll numbers have softened when he is enjoying mostly sympathetic coverage from Fox News.And there are subtle signs that Mr. DeSantis may not always be able to bank on the network’s good graces. On Tuesday, Jesse Watters, a co-host of “The Five,” offered some advice to the Florida governor in the wake of Mr. Trump’s attacks.“DeSantis is taking a bruising,” Mr. Watters said. “If I were Ron, I would start talking. Because every day that goes by, Trump draws blood.” He added: “How many more weeks and months is this going to sustain itself? Ron’s got to come out and say something, or else he’s just going to limp into this primary.” More

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      Fox Argues Top Executives Weren’t Involved in Voter Fraud Broadcasts

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      Lawyers for the company, which faces a $1.6 billion defamation lawsuit, are pushing for a judge to rule in their favor before a trial.WILMINGTON, Del. — Fox Corporation executives, including Rupert and Lachlan Murdoch, had no direct involvement in what aired on the company’s cable news channels, and therefore their company should not be found liable in a $1.6 billion defamation case, lawyers for Fox argued Wednesday in a Delaware court.The argument was part of Fox’s request for a pretrial victory. Dominion Voting Systems has accused both Fox News and its parent company, Fox Corporation, of defaming the business. Dominion says Fox’s shows repeatedly linked its voting machines to a vast conspiracy of fraud in the 2020 presidential election.Erin Murphy, a lawyer for both Fox Corporation and Fox News, said there was no evidence that corporate executives were involved in the Fox News shows in question. She said Dominion would need to show that they had directly participated in the broadcasts to meet the high standard needed to prove defamation.Ms. Murphy conceded that some of the executives had the power to bar certain guests from the shows, but said: “It’s not enough for them to show that they have the ability to step in. They have to have been involved.”Fox has asked that Fox Corporation be dropped from the lawsuit.Dominion must prove that Fox knowingly broadcast false information about the company, or was reckless enough to disregard substantial evidence that the claims were not true. Defamation cases have traditionally proved hard to win because of the First Amendment’s broad free speech protections. But legal experts say Dominion may have enough evidence to clear that high bar.Dominion, too, is asking for summary judgment; its legal team gave its arguments in Delaware Superior Court on Tuesday. The judge, Eric M. Davis, said he would make his decision by April 11. A jury trial is scheduled to start April 17.Judge Davis told both sides on Wednesday that he preferred for trial witnesses to appear in person rather than over a video link, setting up the possibility that Fox News hosts like Maria Bartiromo and Tucker Carlson could show up. He said Rupert Murdoch might also be compelled to testify in person, though he did not issue any decisions on the matter.Fox lawyers had submitted a letter to the judge on Monday asking that Mr. Murdoch and some other executives not be compelled to testify, saying that it would amount to “hardships” on the witnesses and that their testimony would “add nothing other than media interest.”After Fox finished its arguments, a lawyer for several media outlets, including The New York Times, asked the judge to review redactions that Fox had made to some of the communications it handed over, arguing that Fox kept too much confidential. Judge Davis said he would consider the request.Judge Davis also remarked on a lawsuit filed in Delaware on Monday by a Fox News producer, Abby Grossberg. She argues that Fox lawyers coerced her into providing misleading information in her deposition in the Dominion lawsuit.Judge Davis said the lawsuit had been originally assigned to him but then given to another judge in Delaware Superior Court.Fox News said in a statement on Wednesday: “Despite the noise and confusion that Dominion has generated by presenting cherry-picked quotes without context, this case is ultimately about the First Amendment protections of the media’s absolute need to cover the news.” More

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      Tucker Carlson Is No Less Dangerous

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      Gail Collins: Bret, we have all kinds of deeply important issues to tackle. But let’s start with Tucker Carlson. We’ve learned he didn’t really believe all the stuff he said on TV about a “stolen” election. Shocking!Bret Stephens: They say that hypocrisy is the homage that vice pays to virtue, but in this case it’s the tribute that cynicism pays to cowardice.Gail: Since you’re in charge of that side of our world, I really want to hear your opinion.Bret: I sometimes think of Carlson in the same mold as Father Coughlin, but worse: At least Coughlin was an honest-to-God fascist, a sincere bigot, whereas Carlson only plays one on TV for the sake of ratings.Gail: Wow, been a while since I heard a Father Coughlin comparison.Bret: As for Fox, the way in which they are trying to “respect” their viewers is to lie to them. I can only wish Dominion Voting Systems well in its $1.6 billion lawsuit against the network for claiming that their voting machines played a role in Trump’s loss. I believe in strong protections against frivolous lawsuits, but knowingly and recklessly spreading falsehoods about the subject of one’s reporting is the very definition of — dare I say it — fake news.Gail: Glad we can come together on the importance of not making up the news.Bret: But Gail, let’s move on to weightier things. Like President Biden’s dead-on-arrival $6.8 trillion budget. Your thoughts?Gail: Yippee! Whenever I wonder if we’re ever going to have a serious fight again, government spending rears its head.So let’s have at it. Obviously, Biden knows his plans aren’t going anywhere with a Republican-sort-of-controlled House. But he’s laying his cards down, and I think the cards look great.Bret: Explain.Gail: He’s ready to raise taxes on the rich. Good for him! Right now the Republicans seem to be claiming we can keep taxes as they are, or lower, plus protect Social Security and Medicare, plus protect or increase military spending. Which would, I believe, cut the rest of the budget by 70 percent.Bret: To steal a line from “Pride and Prejudice,” “My feelings are so different. In fact, they are quite the opposite.”Gail: Love that you’re bringing up Jane. Even if it’s to disagree with me.Bret: Ten years ago, federal spending was $3.45 trillion. Biden’s budget request is double that, and he has the chutzpah to suggest he wants to reduce the deficit — achieved almost entirely by huge tax increases instead of spending discipline.Gail: I will refrain from referring at length to a super-deficit-exploder named Donald Trump. Who was very much with his party’s program in one sense — pretending to be anti-deficit without proposing anything difficult to reduce it. Of course, the gang is OK with cutting back on, say, child care. Which makes it tougher for single parents to go to work and create a better future for the whole family.Bret: I too will refrain from noting that, godawful as Trump was, his final pre-Covid 2019 budget request was around $4.75 trillion, which is still $2 trillion less than Biden’s current request. I’m also not too thrilled by Biden’s proposal for higher taxes, including a nakedly unconstitutional tax on the appreciated assets of very rich people. It won’t pass, which I guess is the point, since the budget is less of a serious proposal and more of a campaign platform.Speaking of platforms: Your thoughts on the administration’s reported decision to approve an $8 billion oil-drilling project in the Alaskan wilderness?Gail: I’m horrified, actually. We’re supposed to be worrying about global warming and Biden is approving a plan that, as our story pointed out, will have an effect equivalent to adding almost two million more cars a year on the roads.Bret: OK, so now it’s my turn to cheer Biden while you jeer. We’re going to need oil for decades to come no matter how many electric vehicles we build, and the oil has to come from somewhere. Europe has discovered the price of relying on Russia for its energy, and I’d much rather have our gas come from a remote corner of Alaska, extracted by American workers, under American regulations, than from, say, Venezuela or Iran.But I’m really curious to see how this will play out within the Democratic Party. To me it looks like a crucial test of whether the party will again reach out to its old blue-collar manufacturing base or move further into the orbit of knowledge-industry workers with, well, coastal values. What do you think?Gail: The Biden administration is obviously going along with labor, lower-cost energy and all the other stuff you think of when you’re running for re-election. Democrats who worry about the environment may be rightfully horrified, but I doubt it’ll cost Biden votes. When the elections roll around, they’ll realize the other side is worse.Bret: Smart political advice.Gail: Still, the least the oil-drilling forces could do would be to apologize in advance to the kids who are currently in kindergarten and will have to live with the results.Bret: Also known as jobs and energy security.Gail: Hey, talking about youth reminds me of … oldth. I was so sorry to hear Mitch McConnell had fallen and been hospitalized with a concussion. He’s 81 and you can’t help wondering if he’s coming to the end of his career as the Senate Republican leader. Any predictions?Bret: First of all, we’ve got to petition the O.E.D. to make “oldth” a word as the appropriate antonym of youth. Second, I wish the senator a speedy recovery.His bigger problems, though, aren’t his physical stumbles but his political ones. He let Biden score his unexpected political wins last year. He’s fallen between two stools when it came to Trump: not Trumpy enough for Trump and his crowd, but not brave enough to stand up to them and move the party past them — like when he lambasted Trump after Jan. 6 but refused to vote to convict him during his second impeachment trial. And he’s been the Republican Senate leader forever, or at least it feels that way.Gail: So who’s next?Bret: He’d probably be wise to step aside for his whip, South Dakota’s John Thune, except that the Trumpians hate Thune for his anti-denialist position when it came to the 2020 election.Gail: Well, if you want to see the kind of leader that can crawl between the regular Republicans and the Trumpians, there’s … Kevin McCarthy. Senators would be better off with a hospitalized McConnell.Bret: A very good point. Since we’re speaking of Trump, your thoughts on his potential indictment?Gail: So many to choose from! Are we talking about the secret government documents he piled up at Mar-a-Lago, or his attempt to interfere with Georgia’s 2020 ballot counting, or the hush money paid to Stormy Daniels, the ex-lover Trump wanted to keep quiet? Although possibly as much about his sexual ineptitude as his marital sins? Pick one, Bret.Bret: My general view with most of these legal efforts is that, merited though they may be, they are more likely to help Trump than to hurt him. The weakest case seems to be the one that may be closest to an actual indictment — the alleged hush money payments to the alleged paramour Stormy Daniels. Problem there is that the star witness, the former Trump lawyer Michael Cohen, is an ex-felon with a big-time ax to grind against his former boss.Gail: Well, when your witnesses have to be people who spent a lot of quality time with Donald Trump, the options will almost always be depressing.Bret: The stronger case is the one in Georgia. Then again, is a jury in Georgia going to vote unanimously to convict the former president? Color me skeptical. At this point, the most realistic way for the country to be done with Trump is if Ron DeSantis or some other Republican defeats him, fair and square, in the race for the G.O.P. nomination. Which is why you’re strongly rooting for DeSantis to jump in the race, am I right?Gail: Oh, Bret, it’s so hard to admit I’d rather see Trump as the nominee than DeSantis, but it’s true. I would. Rather have a terrible Republican with no real fundamental values than one who has strong but terrible commitments and is a genuine obsessive on social issues like abortion rights.Bret: That sound you just heard was my jaw hitting the floor. But I’m giving you full points for total honesty.Gail: Plus, if we have to live through two years of presidential politics featuring Joe Biden on one side, I’d rather have the awful, wrong-thinking Republican who isn’t also incredibly boring. Is that shallow?Bret: Other than for the entertainment value, do you prefer to have Trump as the nominee because you think he has no chance of winning the election? You could very well be right. Then again, I remember how that worked out in 2016.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More

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      Fox’s P.R. Woes May Not Directly Translate to Legal Ones

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      Some of the unflattering private messages among the network’s hosts and executives may never become evidence when Dominion Voting Systems’ defamation case against Fox News goes to trial.For the past three weeks, a drip, drip, drip of disclosures have exposed widespread alarm and disbelief inside Fox News in the days after the 2020 presidential election, as the network became a platform for some of the most insidious lies about widespread voter fraud. These revelations are the most damning to rattle the Murdoch media empire since the phone hacking scandal in Britain more than a decade ago.The headlines have been attention-grabbing. Tucker Carlson, a professed champion of former President Donald J. Trump’s populist message, was caught insulting Mr. Trump — “I hate him passionately,” he wrote in a text. Laura Ingraham and Sean Hannity disparaged colleagues in their network’s news division. And Rupert Murdoch said he longed for the day when Mr. Trump would be irrelevant.These examples and many more — revealed in personal emails, text messages and testimony made public as part of Dominion Voting Systems’ $1.6 billion defamation lawsuit against Fox News — are embarrassing. But whether they pose serious legal jeopardy for Fox in that case is far less clear.The messages that led to some of the biggest headlines may never be introduced as evidence when the case goes to trial next month, according to lawyers and legal scholars, including several who are directly involved in the case. Fox is expected to ask a judge to exclude certain texts and emails on the grounds they are not relevant.Laura Ingraham disparaged Fox News colleagues in private messages released recently.Rebecca Noble for The New York TimesBut the most powerful legal defense Fox has is the First Amendment, which allows news organizations broad leeway to cover topics and statements made by elected officials. In court, Fox’s lawyers have argued that the network was merely reporting on what Mr. Trump and his allies were saying about fraud and Dominion machines — not endorsing those falsehoods.Media law experts said that if a jury found that to be true — not a far-fetched outcome, they said, especially if lawyers for the network can show that its hosts did not present the allegations as fact — then Fox could win.Fox News v. Dominion Voter SystemsDocuments from a lawsuit filed by the voting machine maker Dominion against Fox News have shed light on the debate inside the network over false claims related to the 2020 election.Running Fox: Emails that lawyers for Dominion have used to build their defamation case give a peek into how Rupert Murdoch shapes coverage at his news organizations.Behind the Curtain: Texts and emails released as part of the lawsuit show how Fox employees privately mocked election fraud claims made by former President Donald J. Trump, even as the network amplified them to appease viewers.Tucker Carlson’s Private Contempt: The Fox host’s private comments, revealed in court documents, contrast sharply with his support of Mr. Trump on his show.A Show of Support: In his first public remarks since the recent revelations on Fox News, Mr. Murdoch’s son Lachlan, the chief executive of the Fox Corporation, issued a full-throated show of support for Suzanne Scott, who is at the helm of Fox News Media.“I think the case really will come down to a jury deciding whether the company or the commentators did or didn’t endorse — that really is the key question,” said George Freeman, a former New York Times lawyer who is now executive director of the Media Law Resource Center, which assists news organizations with legal issues.“It gives Fox, I think, a fighting chance,” he added.Despite the ways Fox could prevail with a jury, legal scholars say Dominion’s case is exceptionally strong.Lawyers for Dominion argue that the claims made by Fox’s hosts and guests about its machines and their supposed role in a nonexistent conspiracy to steal votes from Mr. Trump was anything but dispassionate, neutral reporting.“Truth and shared facts form the foundation of a free society — even more so here,” its lawyers said in a brief, filed with the court on Thursday. “The false idea that Dominion rigged the 2020 presidential election undermines the core of democracy.”It is rare for First Amendment lawyers to side against a media company. But many of them have done just that, arguing that a finding against Fox will send an important message: The law does not protect those who peddle disinformation. And it would help dispel the idea, First Amendment experts said, that libel laws should be rewritten to make it easier to win defamation suits, as Mr. Trump and other conservatives, including Justice Clarence Thomas, have suggested.In its most recent filings, Dominion argued that the law was more than adequate to find Fox liable.“If this case does not qualify as defamation, then defamation has lost all meaning,” Dominion argued in a legal filing made public on Thursday.But legal experts said that the case would rise or fall not based on how a jury considered lofty concerns about the health of American democracy. Rather, they said, Dominion’s challenge will be to persuasively argue something far more specific: that Fox News either knowingly broadcast false information or was so reckless that it overlooked obvious evidence pointing to the falsity of the conspiracy theories about Dominion.Though the coverage of the case has largely focused on the disparaging comments the network’s star hosts and top executives made in private — about Mr. Trump, his lawyers and one another — those remarks could only help Dominion’s case if they pointed to a deeper rot inside Fox, namely that it cynically elevated false stories about Dominion machines because its ratings were suffering.The one episode of Mr. Carlson’s show that Dominion cited as defamatory included an interview with Mike Lindell, the MyPillow chief executive.Fox News“When I see the headlines that are primarily about Tucker Carlson or Sean Hannity, those are conversations that the litigation was designed to spur,” said RonNell Andersen Jones, a First Amendment scholar and law professor at the University of Utah.“At least some of that evidence is going to be important atmospherically,” Ms. Andersen Jones added. But what will be more important to the outcome of the case, she said, is “what drove the narrower decisions at the individual shows.”Fox’s lawyers could ask the judge, for instance, to keep the jury from seeing most of Mr. Murdoch’s deposition on the grounds that he was the chairman of the company and played no direct role in decision-making at the show level. However, during his deposition, Mr. Murdoch did concede a key point of Dominion’s. He acknowledged that some Fox hosts had endorsed false claims of malfeasance during the election. And when Dominion’s lawyer, Justin Nelson, presented Mr. Murdoch with examples of how Fox went beyond merely providing a platform for election deniers, the Fox chairman agreed. “I think you’ve shown me some material in support of that,” Mr. Murdoch testified.Fox also plans to argue that the network’s coverage of the aftermath of the 2020 election needs to be considered as a whole, including the hosts and guests who insisted that there was no evidence of widespread fraud.And the more Fox lawyers can show instances in the coverage where its hosts rebutted or framed the allegations as unproven, the stronger their case will be.A lawyer working on Fox’s defense, Erin Murphy, said Dominion did not “want to talk about the shows where there was a lot of commentary coming from different perspectives.”Especially when those shows were ones “that had higher viewership and were the more mainstream,” Ms. Murphy added.Dominion would be on the strongest legal footing, defamation experts said, whenever it could point to specific examples when individual Fox employees responsible for a program had admitted the fraud claims were bogus or overlooked evidence that those claims — and the people making them — were unreliable.Dominion cites only a single episode each from Mr. Carlson and Mr. Hannity as defamatory: Mr. Carlson’s interview of Mike Lindell, the MyPillow chief executive, on Jan. 26, 2021, and Mr. Hannity’s interview of Sidney Powell, a lawyer who made some of the most outrageous fraud allegations, on Nov. 30, 2020.Dominion’s defamation claims against three far more obscure shows with much lower ratings are more substantial and extensively documented: “Sunday Morning Futures With Maria Bartiromo” and the now-canceled “Lou Dobbs Tonight,” both of which ran on Fox Business in 2020; and “Justice With Judge Jeanine,” which was Jeanine Pirro’s Saturday evening talk show on Fox News before the network canceled it and promoted Ms. Pirro to a regular slot on “The Five,” a weekday round-table talk show.Some of the most damning evidence to emerge involves Maria Bartiromo, legal experts say.Roy Rochlin/Getty ImagesEspecially damaging, legal experts said, is the evidence against Ms. Bartiromo. Dominion has accused her of recklessly disregarding evidence that a key source for Ms. Powell, who appeared several times on Ms. Bartiromo’s show, was mentally unstable — a “wackadoodle” by the source’s own admission.In an email, the full text of which was released last Tuesday along with thousands of pages of depositions and private messages of Fox employees, is from someone who claims to be a technology analyst named Marlene Bourne. Ms. Powell forwarded Ms. Bourne’s email to Ms. Bartiromo on the evening of Nov. 7, and Ms. Bartiromo forwarded it to her producer.In the email, Ms. Bourne describes numerous conspirators in a plot to discredit Mr. Trump, including some who had been dead for years like Roger Ailes, the former chief executive of Fox News. She writes that she is capable of “time-travel in a semiconscious state” and that when she is awake she can “see what others don’t see, and hear what others don’t hear.” She also says she has been decapitated and that “it appears that I was shot in the back” once after giving the F.B.I. a tip.“If we’re really zeroing in on where the strongest evidence is,” Ms. Andersen Jones said, “it’s the wackadoodle email. Because the real question is whether you had subjective awareness of the likely falsity of the thing you were platforming on your show.” More

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      The Week in Business: Fox News Anchors’ Private Messages

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      Giulio BonaseraWhat’s Up? (March 5-11)Tucker Carlson’s Private TextsNew documents released last week revealed the disconnect between the Fox News anchors’ privately held opinions and those they espoused publicly — and shared with millions of viewers — on their television programs. In particular, Tucker Carlson’s views on Donald J. Trump and the outcome of the 2020 presidential race have been shown to contrast sharply with the messaging of his show, which supported Mr. Trump and promoted his unfounded belief that the election had been stolen. Yet at the same time, Mr. Carlson was sending texts to members of his staff about Mr. Trump like “I hate him passionately.” He is not the only Fox employee to be featured in the documents, which are part of the $1.6 billion defamation suit against Fox News by the voting technology company Dominion Voting Systems and include the messages of other network stars like Laura Ingraham. But Mr. Carlson’s texts include some of the starkest language about the former president and drew special attention from the White House in a statement on Wednesday criticizing Mr. Carlson for his on-air portrayal of the Jan. 6 Capitol attack as a largely peaceful event.Biden’s Budget ProposalPresident Biden on Thursday unveiled a $6.8 trillion budget that sought to increase spending on the military and a wide range of new social programs while also reducing budget deficits by nearly $3 trillion over a decade. The proposal was meant to address a partisan fight over the country’s national debt. Mr. Biden’s proposal provides for funding for an array of new programs, including billions on guaranteed paid leave for workers, free community college and an expanded child tax credit. The budget plan — which also calls for a new 25 percent minimum tax on billionaires — is widely considered dead on arrival in the Republican-controlled House. Speaker Kevin McCarthy said Mr. Biden’s proposals were “completely unserious.”Job Growth Holds StrongThe Labor Department reported on Friday that U.S. employers added 311,000 jobs in February. Forecasters had expected to see a figure around 215,000, which would have been more in line with jobs reports from the second half of 2022. But the general downward trajectory of those jobs numbers took an unexpected turn in January, when new jobs surged to 517,000. So while job growth has eased somewhat in the last month, it remains resilient in the face of the Federal Reserve’s efforts to slow the economy. This latest jobs data also suggests that employer confidence is still relatively high, even as layoffs begin to rise.Giulio BonaseraWhat’s Next? (March 12-18)Next on the Economic CalendarWhen Jerome H. Powell, the Fed chair, spoke to Congress last week, he largely avoided committing to a strategy for taming inflation. Speaking before the Senate Banking Committee on Tuesday and the House Financial Services Committee on Wednesday, Mr. Powell said he and his colleagues were prepared to take a more aggressive tack and raise rates more quickly, if needed. But much of the Fed’s decision-making depended on the inflation and jobs reports. So Fed officials will be paying close attention (as they always do) to the Consumer Price Index data that will arrive on Tuesday. The last reading showed that while overall inflation had cooled, it was only a slight change, and core inflation — which strips out volatile food and fuel costs — remained fast.Shockwaves From a Bank RunIn an ominous sign for global banking, the Federal Deposit Insurance Corporation last week seized Silicon Valley Bank, a prominent investor in tech start-ups. The bank touched off investor panic when it announced on Wednesday that it had sold off $21 billion of its most liquid investments, borrowed $15 billion and organized an emergency sale of its stock to raise cash. These were urgent and extraordinary measures that banks go to great lengths to avoid. Investors at some venture capital firms urged their clients to move their money from the bank over concerns about its financial solvency. Less than two days later, the F.D.I.C. took control of the bank and created a new one, the National Bank of Santa Clara, to hold customers’ deposits and assets. A Ruling on Gig WorkA court is expected to hand down its ruling this week on Proposition 22, a ballot measure in California that would allow gig economy companies like Lyft and Uber to continue treating drivers as independent contractors. The battle over the status of these workers in the state — who number at least one million — ramped up in 2019, when California legislators passed a law requiring these companies to give their drivers the full protections of employment. But after the ride-hail apps threatened to suspend operations in the state, an appeals court granted them a temporary reprieve and the companies poured millions into getting Prop. 22 on voters’ ballots. A majority of voters approved the measure in November 2020, but it was swiftly challenged by a coalition of ride-hail drivers and labor groups, ruled unconstitutional by a California judge and appealed through the courts.What Else?Walgreens is facing blowback after announcing that it would not dispense abortion pills in 21 states where Republican attorneys general are threatening legal action against pharmacies that distribute the medication. Roger Ng, a former Goldman Sachs banker convicted last year for his role in a money-laundering scheme known as the 1MDB scandal, was sentenced on Thursday to 10 years in prison. And JPMorgan Chase on Wednesday sued James E. Staley, a former top executive, accusing him of failing to fully inform the bank about what he knew about the convicted sex offender Jeffrey Epstein. More

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      Lachlan Murdoch Defends Fox News’s Chief Executive Amid Defamation Suit

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      “Suzanne Scott has done a tremendous job,” Mr. Murdoch said in his first public remarks since damaging revelations about the inner workings of the news network.Lachlan Murdoch, whose family controls the Fox media empire, issued a full-throated show of support on Thursday for Suzanne Scott, the chief executive of Fox News Media, as the cable channel faces a $1.6 billion defamation suit that has generated a cascade of unflattering revelations about its inner workings.“I just think Suzanne Scott has done a tremendous job,” Mr. Murdoch said at an investor conference in San Francisco, his first public remarks since Fox News has come under intense scrutiny over its handling of spurious claims of voter fraud in the 2020 presidential election.“The brand is incredibly strong. The core business is incredibly strong,” Mr. Murdoch said, pointing to Fox News’s significant ratings advantage over its rivals CNN and MSNBC. “It’s a credit to Suzanne Scott and all of her team there. They’ve done a tremendous job of building this business and running this business.”Ms. Scott’s future at Fox News has been the focus of some recent speculation. The defamation suit, filed by Dominion Voting Systems, argues that Fox News leadership allowed stars like Jeanine Pirro and Lou Dobbs to air rank falsehoods about rigged voting machines that ruined Dominion’s business. Rupert Murdoch said in a deposition that any of his executives who knowingly allowed lies to be broadcast “should be reprimanded, maybe got rid of.”The Murdoch family is loath to make major changes at its media properties in response to public rancor, although there have been occasional exceptions; the family closed its News of the World tabloid following a phone-hacking scandal. Lachlan Murdoch’s remarks on Thursday suggested that Ms. Scott’s position was safe, at least for now. She signed a multiyear contract extension in 2021, shortly after President Biden’s inauguration.Fox News v. Dominion Voter SystemsDocuments from a lawsuit filed by the voting machine maker Dominion against Fox News have shed light on the debate inside the network over false claims related to the 2020 election.Running Fox: Emails that lawyers for Dominion have used to build their defamation case give a peek into how Rupert Murdoch shapes coverage at his news organizations.Behind the Curtain: Texts and emails released as part of the lawsuit show how Fox employees privately mocked election fraud claims made by former President Donald J. Trump, even as the network amplified them to appease viewers.Tucker Carlson’s Private Contempt: The Fox host’s private comments, revealed in court documents, contrast sharply with his support of Mr. Trump on his show.A Show of Support: In his first public remarks since the recent revelations on Fox News, Mr. Murdoch’s son Lachlan, the chief executive of the Fox Corporation, issued a full-throated show of support for Suzanne Scott, who is at the helm of Fox News Media.The documents revealed in the Dominion case showed Ms. Scott, among other executives and some of the network’s hosts, worrying that conservatives would abandon Fox News if its coverage became too critical of former President Donald J. Trump and his allies’ baseless claims of rampant voter fraud.At one point, Ms. Scott privately criticized one of the network’s White House correspondents for describing many of Mr. Trump’s claims as “simply not true” during a live segment. “I can’t keep defending these reporters who don’t understand our viewers and how to handle stories,” Ms. Scott wrote in an internal email.Asked at Thursday’s conference to comment on the Dominion suit, Mr. Murdoch, who is the chief executive of the Fox Corporation, again defended Fox News from its detractors.“A news organization has an obligation — and it is an obligation — to report news fulsomely, wholesomely and without fear or favor, and that’s what Fox News has always done and that’s what Fox News will always do,” Mr. Murdoch said.“I think a lot of the noise that you hear about this case is actually not about the law and is not about journalism and is really about the politics,” Mr. Murdoch continued. “And that’s unfortunately more reflective of our polarized society that we live in today.”Mr. Murdoch’s interlocutor at the investor conference, which was sponsored by Morgan Stanley, did not press him further on the subject.Documents revealed in the Dominion lawsuit showed Suzanne Scott worrying that conservatives would abandon Fox News if its coverage became too critical of former President Donald J. Trump’s baseless claims of voter fraud.Alexi Rosenfeld/Getty ImagesMr. Murdoch’s own involvement in Fox News was also captured in the recently released documents.He did not hesitate to contact Ms. Scott directly about aspects of the channel’s coverage, even complaining at one point about an on-air caption along the bottom of Fox News’s screen that, Mr. Murdoch believed, took a needlessly negative tone toward Mr. Trump. Mr. Murdoch also complained to Ms. Scott that a correspondent’s coverage of a pro-Trump rally was too critical, calling it “smug and obnoxious.”In his remarks on Thursday, Mr. Murdoch mused about Fox News’s broader place in the American news media, arguing that its appeal stretched beyond its journalistic output and into a more cultural realm.“If you talk to focus groups, with any of our viewers, they see Fox News as not just a news channel, but a channel that speaks to Middle America and respects the values of Middle America as a media business that is most relevant to them, as opposed to simply a news channel,” Mr. Murdoch said. More