Rupert and the boys must be wondering if they’re worth it
This discussion at Puck about the Fox settlement suggests that the B list may be on the way out. Or maybe not. But whatever changes we might anticipate at the network probably aren’t going to be earth shattering. The “stars” are safe which means nothing will change.
Dylan Byers: …This settlement changes exactly one thing behind the scenes: Fox News as an institution will take greater steps to ensure that it doesn’t leave itself vulnerable to further defamation claims. But that doesn’t mean they need to change their editorial strategy. If you look at the primetime trifecta—Tucker, Ingraham and Hannity—they are really masters in the dark art of floating conspiracies without running the risk of libel. Tucker doesn’t say “votes were stolen,” he says, “we don’t know how many votes were stolen.” He raises the specter of scandal, of a liberal plot against America, etcetera, but he stays within the bounds of free speech. It’s terrifying, it’s contemptuous, but it’s quite disciplined.
If you look at Dominion’s lawsuit, 18 of their 20 defamation claims were made against three B-level talents: Lou Dobbs—who has already been ousted from the network—Maria Bartiromo, and Jeanine Pirro. (The other two claims targeted Tucker and Hannity, respectively, but they weren’t nearly so convincing.) Now, right up until the settlement, Fox’s lawyers were getting ready to argue that Dobbs, Bartiromo and Pirro couldn’t be held liable for defamation because they actually believed that Rudy Giuliani and Sidney Powell’s batshit voter fraud claims might be true. If you’re trying to avoid future libel lawsuits, that’s not exactly the kind of person you want on camera.
So I anticipate one of two things will happen here, or has perhaps already happened: The first possibility is that Fox News C.E.O. Suzanne Scott sits down with Bartiromo and Pirro and anyone else who came up to the line of libel and says, be careful. Alternatively, Rupert and Suzanne have already decided to elegantly and eventually show Bartiromo and/or Pirro the door. Remember, when Rupert was asked during deposition if he believed Fox had endorsed the voter fraud claims, he said, “Not Fox, no. Not Fox. But maybe Lou Dobbs, maybe Maria as commentators… Some of our commentators were endorsing it.” If I’m Maria, that feels like the kiss of death. The last thing on earth that Murdoch wants is to leave himself vulnerable to another $787-million headache.
Speaking of which, Eriq, what do you think happens next, particularly with Smartmatic’s $2.7 billion lawsuit?
Eriq Gardner: First of all, if the Smartmatic case doesn’t settle—and settle soon—I’ll be surprised. Fox News will again be facing a jury pool in a liberal state (New York) that, like Delaware, doesn’t cap punitive damages. Also, this next trial would be taking place in the media capital of the world. For reporters, that means there’s no need to get on an Amtrak and book a hotel for six weeks to cover it. What’s more, thanks to the Trump indictment, New York lawmakers are now considering passing legislation that would allow TV cameras in the courtroom. So, the world might see Tucker Carlson, Sean Hannity, Rupert Murdoch, etcetera, getting on the witness stand. It’ll be an even greater spectacle! Fox could get more favorable pretrial treatment from a judge, but I think the Dominion deal sets a framework for Smartmatic and Fox to resolve their differences too.
As for the long term, I think Fox has got a problem on its hands. I agree with you, Dylan, that their editorial strategy is unlikely to change, at least immediately. Some of this will be chalked up to the cost of doing right-wing business. On the other hand, as the public record about the inner thinking at the network expands, it becomes easier and easier to show actual malice—and more enticing for opponents to take a shot. I sense a vulnerability here that I didn’t a few years ago, and I wonder whether Trump has cursed them. Some reflection is necessary. I’m not sure that an extra week of libel training or even some blood sacrifices of a few B-list hosts is going to be enough. But, of course, all bets are off until we know more about who controls this company after Rupert.