A a federal judge on Thursday dismissed a defamation suit brought against Fox News host Tucker Carlson by former Playboy model Karen McDougal, who alleged having an affair with Donald Trump before he became president.
Manhattan U.S. District Court Judge Mary Kay Vyskocil ruled against McDougal on grounds that Carlson regularly engages in “rhetorical hyperbole” and “opinion commentary”
Hopefully this does not set a precedent for someone else who regularly engages in rhetorical hyperbole and opinion commentary.
“Given Carlson’s reputation, any reasonable viewer ‘arrive[s] with an appropriate amount of skepticism’” about the Fox News host’s claims, the judge added.
And this is where the judge went wrong. Hey Judge Vyskocil how many “reasonable viewers” are watching Tucker on Fox? Did you survey a sampling of regular Carlson viewer’s to come up this conclusion?
So how does this decision affect the defamation lawsuits brought by the dumpster campaign and “underpants” Dershowitz against NY Times and CNN opinion pundits?
ETA: based on the article, it seems the core argument here is that “political opinions” can not be defamatory, by definition.
Actually, this is relying on the precedent set by Judge S James Otero who dismissed Stormy Daniels’s defamation suit against Trump on the same grounds.
In Monday’s decision from S James Otero, a federal judge in the central district of California, it was found that “Mr Trump’s statement constituted ‘rhetorical hyperbole’ that is protected by the first amendment.”
I take “rhetorical hyperbole” to be judge-speak for “complete and utter bullshit”.
Facially reasonable until you remember that POTUS actually relies on Carlson’s idiocy to formulate policy. The part that Trump & Co. will remember is that Carlson is immune for any damages his stupidity (or in their eyes, wisdom) inflicts.