Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
12 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

Ocelot II

(115,613 posts)
5. It would get before a judge just long enough for the judge to dismiss it.
Thu Apr 20, 2023, 09:06 PM
Apr 2023

This isn't a viable tort claim, as odious as Fox's influences are.

ecstatic

(32,653 posts)
8. What would it take to make a case similar to the case against Alex Jones?
Thu Apr 20, 2023, 10:20 PM
Apr 2023

Or hell, even similar to Dominion/Smartmatic. FNC is being held accountable for the conspiracies and negative slander of those companies. What about the constant negative coverage and imagery FNC puts out there regarding immigrants and/or people of color? It seems like companies are protected while entire groups of people are not.

Ocelot II

(115,613 posts)
11. There has to be conduct that was the proximate cause (direct cause)
Thu Apr 20, 2023, 10:52 PM
Apr 2023

of a specific injury to a specific person. Dominion and Smartmatic are specific "persons" who are able to demonstrate that Fox defamed them by name and caused provable losses to their businesses. It's not that they are companies, it's that they were specifically identifiable. If Fox had defamed a person by name and caused provable harm to them (their reputation or other personal interest), that person would have a good claim as well. But the injury has to be that of a specific person or entity.

"Defamatory statements about a group or class of people generally are not actionable by individual members of that group or class. There are two exceptions to this general rule that exist when the group or class is so small that the statements are reasonably understood to refer to the individual in question; or the circumstances make it reasonable to conclude that the statement refers particularly to the individual in question." Restatement (2d) of Torts, § 564A.

Eliot Rosewater

(31,106 posts)
3. OH yes they can sue
Thu Apr 20, 2023, 09:00 PM
Apr 2023

If they can find an attorney to represent them, but proving faux's bullshit caused this would be very difficult.

We all know faux played a huge role in the actions of this jackass, but proving it is so very hard.

Not even sure what legal theory would get them there.

Ocelot II

(115,613 posts)
4. No. There could be too many intervening and superseding causes
Thu Apr 20, 2023, 09:05 PM
Apr 2023

of Ludwig's radicalization. What did he watch or read besides Fox? Had he held racist ideas before Fox became popular? It's basically impossible to hold any media outlet directly responsible for the ideas held by a particular individual unless that individual had no other influences, and maybe not even then. What Fox does is basically stochastic terrorism - they talk in a general way that there are certain enemies that should be feared and hated, knowing that some people might take them literally and commit acts of violence, but they are just removed enough from intentional, direct influence on or directions to any particular individual that it's impossible to prove that they directly and proximately caused an individual to take action.

ecstatic

(32,653 posts)
7. Thanks. It's such a shame that there's nothing that can be done.
Thu Apr 20, 2023, 10:08 PM
Apr 2023

I truly believe they are causing significant harm.

stopdiggin

(11,248 posts)
6. Fox News told this guy to shoot
Thu Apr 20, 2023, 10:08 PM
Apr 2023

a doorbell ringer? Being sarcastic - but the question doesn't really deserve much else.

flvegan

(64,406 posts)
9. Can they? Sure.
Thu Apr 20, 2023, 10:26 PM
Apr 2023

If they can find a lawyer to take the case (outside small claims...which would be hilarious). Will they be happy potentially paying Fox's legal fees and costs when they lose? Probably not.

 

samrob22

(23 posts)
10. YES! Anyone can sue anyone else. It may not go anywhere but a suit can be filed. i would try it.
Thu Apr 20, 2023, 10:26 PM
Apr 2023

To me, it's a form of harassment. FOX and friends and pundits et al harass their viewers to act in the most hateful ways. There is a legal suit in t here somewhere. Inciting public unrest or provoking public tyranny...something.

Runningdawg

(4,514 posts)
12. The grandson and/or family should have red-flagged grandpa. "the warning signs were there"
Thu Apr 20, 2023, 11:23 PM
Apr 2023

Grandpa had a "locker full" of guns, "they were everywhere".
He's right - this didn't have to happen.

Latest Discussions»General Discussion»Can Ralph Yarl's family s...