WEBVTT - Fox Facing $2.7 Billion Defamation Suit Next 0:00:00.120 --> 0:00:03.280 Foxmers did apologize. We got them to be held accountable 0:00:03.680 --> 0:00:07.880 and we got them to pay us a historic settlement amount. 0:00:07.920 --> 0:00:11.160 I believe it is the largest settlement in the history 0:00:11.240 --> 0:00:14.120 of any defamation suit by a factor of several. 0:00:14.240 --> 0:00:17.759 But will the nearly eight hundred million dollars settlement between 0:00:17.840 --> 0:00:22.320 Fox News and voting machine company Dominion remain the largest 0:00:22.320 --> 0:00:26.520 defamation settlement and historic as attorney did Vita Brooks said. 0:00:26.960 --> 0:00:31.520 Next up is Smartmatic, another voting machine company, suing Fox 0:00:31.720 --> 0:00:35.440 in a very similar defamation case over false twenty twenty 0:00:35.479 --> 0:00:40.360 election claims. Only Smartmatic is asking for two point seven 0:00:40.440 --> 0:00:44.199 billion dollars. That's one point one billion more than Dominion 0:00:44.280 --> 0:00:47.320 was suing. Four Joining me is an expert in defamation, 0:00:47.720 --> 0:00:52.440 David Corsenic of Miller Corsenic Summer's Raymond David. Outside of 0:00:52.479 --> 0:00:56.600 the monetary amount, how significant is this settlement. 0:00:56.920 --> 0:01:00.760 It's worth considering what the impact is of this settlement 0:01:00.920 --> 0:01:06.080 on the law on Fox News, on democracy propaganda from 0:01:06.120 --> 0:01:08.840 an historical point of view, and what it will do 0:01:09.160 --> 0:01:13.560 for libel claiming in the future. So on the issue 0:01:13.600 --> 0:01:16.120 of impact on libel law, I think it will have 0:01:16.240 --> 0:01:20.640 no immediate impact, but it probably affirms the viability and 0:01:20.720 --> 0:01:24.080 the soundness of New York Times versus Sullivan and the 0:01:24.120 --> 0:01:29.560 actual malice standard, because it shows that that standard works. Second, 0:01:29.920 --> 0:01:33.400 as far as the impact on Fox News going forward, 0:01:33.760 --> 0:01:36.520 hard to know. I don't think that it will change. 0:01:36.560 --> 0:01:39.480 They are reporting because in a certain way, Fox is 0:01:39.600 --> 0:01:42.679 riding a tiger and can't get off it. But the 0:01:42.800 --> 0:01:46.760 recent shift with Ugar Carlson is interesting, but may or 0:01:46.840 --> 0:01:50.360 may not be indicative of anything on that point. But 0:01:50.480 --> 0:01:53.600 another thing to keep in mind here is that while 0:01:53.800 --> 0:01:57.880 Fox dead in the settlement that they acknowledge the judge's decision, 0:01:58.280 --> 0:02:02.520 the judge's decision has acted more force here than just that. 0:02:03.120 --> 0:02:06.600 It's a factual ruling and a legal ruling on falsehood 0:02:06.880 --> 0:02:11.320 that's legally binding on Fox going forward and legally binding 0:02:11.400 --> 0:02:15.840 on them well collateral estopol as to any plaintiff that 0:02:16.320 --> 0:02:20.600 goes after them based on related facts. The second, there 0:02:20.639 --> 0:02:23.960 are obviously these other inbound suits that are taking place. 0:02:24.040 --> 0:02:28.600 There is the Smartmatic case that's really advancing kind of 0:02:28.639 --> 0:02:31.959 feverishly while we were paying attention to dominion, But it's 0:02:32.120 --> 0:02:36.000 the huge numbers of filings and decisions in that lawsuit, 0:02:36.200 --> 0:02:40.280 and that's advancing. There's evidence on the public record that 0:02:40.440 --> 0:02:44.040 was extracted in the course of the dominion case that 0:02:44.120 --> 0:02:48.280 will be accessible and usable by anyone who makes claims 0:02:48.320 --> 0:02:53.320 against Fox, not just pr wise but legally obviously. Then 0:02:53.360 --> 0:02:58.120 there's also careholder actions that are now underway, and they 0:02:58.120 --> 0:03:02.000 may be more significant than We've really still to evaluate 0:03:02.080 --> 0:03:06.160 their impact, but they're quite serious because they are shareholder 0:03:06.280 --> 0:03:12.079 claims about the irresponsibility of Fox promoting these fictions when 0:03:12.120 --> 0:03:14.280 it was clearly going to be to the detriment of 0:03:14.280 --> 0:03:15.560 the company financially. 0:03:16.240 --> 0:03:19.360 What do you think the effect of all the things 0:03:19.400 --> 0:03:23.000 that came out through discovery? What the effect of that 0:03:23.080 --> 0:03:23.360 will be. 0:03:24.120 --> 0:03:26.880 All of the discovery that's come out is going to 0:03:26.919 --> 0:03:31.920 support and fuel future reporting about Fox. And then there 0:03:31.960 --> 0:03:34.720 are people who have left Fox who are having in 0:03:34.880 --> 0:03:38.840 litigation with them, one in particular, who claims that Fox 0:03:38.920 --> 0:03:42.520 pressured her into testifying in a way that she did 0:03:42.560 --> 0:03:46.600 not wish on the dominion matter. So that is pending 0:03:46.720 --> 0:03:49.040 and we'll have to see how that one plays out. 0:03:49.080 --> 0:03:52.880 So those are the variety of factors that will have 0:03:53.040 --> 0:03:56.320 an impact on Fox. There's just a tremendous amount of 0:03:56.360 --> 0:03:59.360 blood in the water here. I think that will be 0:04:00.000 --> 0:04:03.920 magnificant in terms of possibly fueling other claims that go 0:04:04.080 --> 0:04:09.040 beyond just the election fraud issues, so they have to 0:04:09.080 --> 0:04:12.960 be probably more cautious. And the final point I'll make 0:04:13.200 --> 0:04:17.120 is that there's an historical import here, a historical analogy. 0:04:17.360 --> 0:04:21.960 I think it's interesting that there's something similar going on 0:04:22.120 --> 0:04:25.960 to what happened in the blacklisting cases, the libel cases 0:04:26.440 --> 0:04:29.279 that were brought during the McCarthy era by those who 0:04:29.279 --> 0:04:33.040 were blacklisted and called communists, and those libel case had 0:04:33.080 --> 0:04:36.599 a significant impact in that they helped turn the tide 0:04:36.640 --> 0:04:41.159 against the hysteria of the McCarthy period. And I would think, 0:04:41.440 --> 0:04:44.000 or I understand that it may well have had an 0:04:44.080 --> 0:04:48.360 impact on Justice Brandan's approach in New York Times versus Sullivan, 0:04:48.680 --> 0:04:53.320 because there were some justices who wanted to completely cut 0:04:53.360 --> 0:04:57.920 out the libel cause of action against any public official. 0:04:58.279 --> 0:05:01.640 But Brandon fashion the Act Malice standard is a kind 0:05:01.640 --> 0:05:07.120 of compromise both to protect speech strongly but also to 0:05:07.200 --> 0:05:11.320 allow the libel claim to persist, probably mindful of the 0:05:11.400 --> 0:05:14.920 fact that it was significant just in the prior decade 0:05:15.040 --> 0:05:20.800 in terms of reversing the McCarthy tosaria. So interesting parallel there. 0:05:21.080 --> 0:05:25.240 How do the judge's rulings in the dominion case help Smartmatic. 0:05:25.640 --> 0:05:27.719 What does it have to prove? What doesn't it have 0:05:27.800 --> 0:05:28.239 to prove? 0:05:29.320 --> 0:05:31.920 Well, it has to prove that to the extent that 0:05:32.080 --> 0:05:36.640 the Fox broadcasts they're attacking are different in substance from 0:05:36.640 --> 0:05:40.200 the allegations made against Dominion, but they do seem to 0:05:40.240 --> 0:05:44.599 be overlapping because they do relate more broadly about whether 0:05:44.720 --> 0:05:47.080 or not there was any evidence at all to support 0:05:47.279 --> 0:05:52.719 the election fraud claim or story. And second, there is 0:05:52.760 --> 0:05:56.640 a kind of overlap between Dominion and Smartmatic in the 0:05:56.680 --> 0:06:02.640 sense that Dominions machines used Smartmatic software, so that even 0:06:02.680 --> 0:06:06.760 though Smartmatic chains were only used in LA and not 0:06:07.120 --> 0:06:11.320 as Fox that allege in many of the swing states. Nonetheless, 0:06:11.440 --> 0:06:16.960 at issue is the vote switching features of the software 0:06:17.520 --> 0:06:19.800 that was used as well at Dominions, So there's a 0:06:19.800 --> 0:06:23.919 lot of overlap there, and there's no question that ruling 0:06:24.240 --> 0:06:27.960 by Judge Davis the Dominion case will work to the 0:06:28.000 --> 0:06:32.800 advantage locked in advantage of Smartmatic, not on everything, but 0:06:32.920 --> 0:06:35.080 on a lot of it. Also, keep in mind that 0:06:35.160 --> 0:06:37.400 the smart Matic case is pending in New York. The 0:06:37.400 --> 0:06:41.039 Dominion case was pending in Delaware, but there was no 0:06:41.200 --> 0:06:44.599 question that New York law of libel and New York 0:06:44.640 --> 0:06:50.200 constitutional features applied in both cases. So the law applied 0:06:50.480 --> 0:06:54.960 in Delaware applies just as well here in the Smartmatic 0:06:55.000 --> 0:06:58.719 case in Manhattan. And they're also and I think this 0:06:58.800 --> 0:07:02.159 is interesting, is that there are sealed materials in the 0:07:02.200 --> 0:07:06.839 dominion case. It could be held sealed during the pendency 0:07:06.880 --> 0:07:09.600 of the case, but once the case is settled, that 0:07:09.680 --> 0:07:13.080 as it is, and once it's clear that many of 0:07:13.120 --> 0:07:17.360 those sealed materials were relevant to the decision rendered by 0:07:17.400 --> 0:07:20.480 the court, then media organizations are going to go to 0:07:20.520 --> 0:07:24.400 the court and ask that those documents be unsealed. And 0:07:24.600 --> 0:07:29.080 the presumption that they should be unsealed applies more forcefully 0:07:29.480 --> 0:07:32.200 after the case is over and when it's clear that 0:07:32.240 --> 0:07:34.440 they were relevant to a judicial ruling. 0:07:35.200 --> 0:07:38.560 I mean, what drew so much attention to the dominion 0:07:38.680 --> 0:07:41.760 case was, you know, all the texts that we saw 0:07:41.920 --> 0:07:45.800 and the messages from the on air host over to 0:07:45.840 --> 0:07:50.840 the management Rupert Murdoch. Does Smartmatic have those same kinds 0:07:51.000 --> 0:07:52.960 of texts, Well. 0:07:52.800 --> 0:07:55.560 They'll be able to use all that discovery and all 0:07:55.640 --> 0:07:58.280 those documents in their own case. And to the extent 0:07:58.320 --> 0:08:01.720 they're overlapping issues on looks like there really are quite 0:08:01.760 --> 0:08:04.600 a few. They're going to really benefit from that, They're 0:08:04.600 --> 0:08:07.200 going to benefit from the evidence, they're going to benefit 0:08:07.240 --> 0:08:09.880 from the ruling, and then they may have special issues 0:08:09.920 --> 0:08:12.679 of their own, some of which look worse for Fox 0:08:12.760 --> 0:08:17.000 than even dominion because of the la versus not having 0:08:17.080 --> 0:08:20.760 machines in swing states. There's another feature here that's kind 0:08:20.800 --> 0:08:23.920 of be interesting. There's a new York anti slap law 0:08:24.040 --> 0:08:28.080 came into effect in November of twenty twenty, and it 0:08:28.280 --> 0:08:33.760 made added procedural and substance of protections for defendants in 0:08:33.880 --> 0:08:36.920 libel action, and it made for a special motion to 0:08:37.040 --> 0:08:40.920 dismiss a libel claim that works very much to the 0:08:40.960 --> 0:08:44.440 advantage of any defendant. And Fox, of course deployed that 0:08:44.760 --> 0:08:48.480 anty slap motion that was something that didn't apply in Delaware, 0:08:48.760 --> 0:08:53.480 and they still lost. Even with the added burdens that 0:08:53.600 --> 0:08:58.560 the anti slap law imposes on the plaintiff marsmatic to 0:08:58.679 --> 0:09:01.240 show not just that they either or not, but they 0:09:01.280 --> 0:09:03.520 have to come forward and show that they have a 0:09:03.559 --> 0:09:07.760 substantial basis for making that claim, and they fail to 0:09:07.800 --> 0:09:08.160 do that. 0:09:08.840 --> 0:09:14.520 So Fox said that smartmatics damages claims are implausible, disconnected 0:09:14.520 --> 0:09:17.880 from reality, and on its face intended to chill First 0:09:17.920 --> 0:09:21.560 Amendment freedoms. Does that sound a lot like claims that 0:09:21.600 --> 0:09:24.199 the judge dismissed in the dominion suit. 0:09:24.679 --> 0:09:27.640 Yes, you know, there's always an issue when there's a 0:09:27.720 --> 0:09:33.400 product disparagement claim about the adequacy of damage pleading, the 0:09:33.480 --> 0:09:37.880 specificity of those pleadings, and the ability to show causation. 0:09:38.280 --> 0:09:42.400 But if the claims are really just straight libel claims, 0:09:42.960 --> 0:09:47.360 corporate plantiffs still has real obstacles to proving things. Corporate 0:09:47.360 --> 0:09:50.760 planteff if it points to any specific loss, is going 0:09:50.840 --> 0:09:54.240 to have to show causation, and once that happens, becomes 0:09:54.320 --> 0:09:58.480 more complicated for them. So yeah, damages for a human being, 0:09:58.520 --> 0:10:02.000 for an individual is very different inlibel than damages for 0:10:02.080 --> 0:10:05.920 a corporation. So they are hard to show. And it 0:10:06.040 --> 0:10:10.480 probably would have been a complicated battle for dominion, and 0:10:10.559 --> 0:10:12.440 though those of all the different parts of their case 0:10:12.480 --> 0:10:15.720 that would have been perhaps the more vulnerable that would 0:10:15.720 --> 0:10:18.200 have been it and that will be the case here too. 0:10:18.840 --> 0:10:21.640 But you know, you do have punitives that are potentially 0:10:22.040 --> 0:10:25.079 in the wings here, and those could really kick up 0:10:25.160 --> 0:10:29.720 the value of the claim even if the underlying actual 0:10:29.840 --> 0:10:32.280 damage to the plaintiffs is less. 0:10:32.600 --> 0:10:34.840 Fox and one has nothing to do with the other. 0:10:34.920 --> 0:10:37.640 But the fact that they settle the dominion is that 0:10:38.160 --> 0:10:42.000 sort of an indication that they'll settle the smartmatic as well. 0:10:42.880 --> 0:10:45.240 It could be. I mean, I think we all feel 0:10:45.280 --> 0:10:48.800 that the reason for the settlement was the risk of 0:10:48.920 --> 0:10:52.960 having all these news anchors having to testify and the 0:10:53.120 --> 0:10:56.720 damage that that could do to Fox over a long 0:10:56.760 --> 0:10:59.440 and extended period of time while the trial was going on. 0:11:00.080 --> 0:11:03.079 Can happen here too, And just because an anchor or 0:11:03.160 --> 0:11:06.000 someone isn't named as a party to the lawsuit doesn't 0:11:06.040 --> 0:11:08.840 mean that they won't be a witness to it, because remember, 0:11:08.960 --> 0:11:13.160 the dominion case is really just against the Fox entities here, 0:11:13.200 --> 0:11:18.359 they're also against Barberomo and Hero and Dobbs and specific 0:11:18.640 --> 0:11:21.680 you know anchors, but they don't have to be named 0:11:21.679 --> 0:11:25.320 in order to land a punch on Fox. And so 0:11:25.559 --> 0:11:29.280 I would guess I would think when you read this 0:11:29.520 --> 0:11:32.760 three hundred page complaint, there are a lot of different 0:11:32.880 --> 0:11:36.120 names of anchors who come up here other than Dobbs 0:11:36.160 --> 0:11:40.080 and Bardiomo and Piero, and there's no reason that they 0:11:40.120 --> 0:11:43.360 couldn't be brought in as witnesses too. I don't know, 0:11:43.720 --> 0:11:46.000 I'd need to look at it more closely, and that 0:11:46.080 --> 0:11:48.240 may be something that's going to be very hard taught, 0:11:48.440 --> 0:11:51.360 and there'll be more discovery that probably comes out in 0:11:51.400 --> 0:11:55.920 this case. So yeah, they're probably great incentives for settlement 0:11:56.200 --> 0:11:58.959 as well. But then you know, in the wings again 0:11:59.040 --> 0:12:03.400 there's the share older actions that could be problematic. Employees 0:12:03.480 --> 0:12:07.000 who either resigned or fired that could create a problem 0:12:07.280 --> 0:12:10.080 is one of them that I know of. It's problematic 0:12:10.160 --> 0:12:12.480 for them. There's a lot happening, and there's a lot 0:12:12.480 --> 0:12:15.760 of blood in the water, and it makes it both 0:12:16.040 --> 0:12:19.760 more valuable for them to settle, but also more difficult 0:12:19.800 --> 0:12:20.280 to settle. 0:12:21.320 --> 0:12:28.280 Dominion and Smartmatic are both suing Newsmax Andaan, which went 0:12:28.400 --> 0:12:33.680 even further than Fox News in promoting the debunked conspiracy 0:12:33.840 --> 0:12:37.760 theories and the supposed election rigging. What do we know 0:12:37.800 --> 0:12:41.720 about those cases? Are they as strong as Dominion's case? 0:12:42.679 --> 0:12:45.840 I would think so, particularly if they're willing to go 0:12:46.000 --> 0:12:50.280 more you know, over the top. Then even Fox was 0:12:50.760 --> 0:12:54.560 because you did have some Fox anchors E. Tucker Carlson, 0:12:54.559 --> 0:12:59.200 for example, was challenging the supporting evidence for some of 0:13:00.000 --> 0:13:04.959 Sidney Powell's statements. So it's I don't think that you're 0:13:05.120 --> 0:13:08.640 likely to even see anything of that kind in the 0:13:08.760 --> 0:13:12.280 Newsmax and ola in cases. I don't know the details 0:13:12.320 --> 0:13:16.679 of those cases as much as I do Smartmatic or Dominion, 0:13:17.160 --> 0:13:20.800 but I'm sure the very same kinds of vulnerabilities are there. 0:13:21.120 --> 0:13:25.720 But again, there may be less actual malice evidence or 0:13:25.800 --> 0:13:29.959 evidence of disbelief by them. They could possibly try to say, oh, 0:13:29.960 --> 0:13:34.080 we were just relying on Fox. I don't know specifically. 0:13:34.120 --> 0:13:37.280 They could do a reliance argument, so you know, Fox 0:13:37.400 --> 0:13:39.720 is reliable and we just relied on them, and you know, 0:13:39.760 --> 0:13:42.000 we just went with what we heard from them and 0:13:42.080 --> 0:13:44.920 some of the people we interviewed. It probably won't work, 0:13:45.120 --> 0:13:48.480 and they're probably all kinds of difficulties internally for them. 0:13:48.800 --> 0:13:50.880 I mean, what's really interesting is we've all been looking 0:13:50.920 --> 0:13:54.520 at Dominion and yet the Smartmatic thing has been just 0:13:54.679 --> 0:13:58.240 ripping along. Number of filings in that docket in New 0:13:58.320 --> 0:14:01.240 York are just extreme ordinary. I think they're well over 0:14:01.280 --> 0:14:04.080 one thousand. There's a lot of stuff that'sn't happen in 0:14:04.120 --> 0:14:06.880 that case, and I gather people are saying they'll be 0:14:06.920 --> 0:14:10.880 tried sometime in twenty twenty five. There'll be motions before then, 0:14:10.960 --> 0:14:13.839 and probably a lot of news coming out regarding them. 0:14:14.160 --> 0:14:16.080 So there's a lot growing here. 0:14:16.559 --> 0:14:21.640 If Tucker Carlson is called to testify in the Smartmatic suit, 0:14:22.000 --> 0:14:26.320 I mean, you have a hostile person testifying against you, then. 0:14:26.520 --> 0:14:29.400 If he is parting ways with them, there's probably some 0:14:29.560 --> 0:14:32.960 understanding that he would need to continue to cooperate. It's 0:14:33.000 --> 0:14:37.400 possible that he was paid substantially as part of the deal. 0:14:37.880 --> 0:14:41.000 I don't know that. If he was paid, then there 0:14:41.040 --> 0:14:44.000 would be with it certain kinds of restrictions on what 0:14:44.080 --> 0:14:46.880 he could or couldn't do. He would surely have to 0:14:46.920 --> 0:14:49.560 cooperate with them and their defense that he sent they 0:14:49.600 --> 0:14:53.840 needed his testimony, So again, it's really hard to call 0:14:53.880 --> 0:14:55.360 at this stage. I think that people are going to 0:14:55.440 --> 0:14:57.880 learn a lot more about it as time passes. 0:14:58.320 --> 0:15:00.600 What do you think the long term impact of these 0:15:00.680 --> 0:15:02.720 cases is going to be. 0:15:03.560 --> 0:15:07.320 I'm a media defense lawyer. I represent news organizations, and 0:15:07.400 --> 0:15:11.840 so I'm constantly thinking how will this affect other claims 0:15:11.880 --> 0:15:16.760 made against other defendants. And you know, you can say 0:15:16.760 --> 0:15:19.680 that Fox is really a political organization and not a 0:15:19.760 --> 0:15:23.240 news organization. Some people say that, but they're protected by 0:15:23.280 --> 0:15:27.160 the same First Amendment protections, whether they're biased or not. 0:15:27.640 --> 0:15:29.640 So I think that what's going to happen is that 0:15:29.760 --> 0:15:32.600 the cause of a case like this, it will fuel 0:15:32.800 --> 0:15:37.440 plaintiffs imagination and they will all be trying to frame 0:15:37.520 --> 0:15:41.120 their own Fox type cases that they think they have 0:15:41.280 --> 0:15:45.160 against some other news organization. I don't think that those 0:15:45.200 --> 0:15:48.280 will be successful. They will be attempted, but I think 0:15:48.280 --> 0:15:51.160 they'll fail, partly because I don't think that you can 0:15:51.200 --> 0:15:56.000 actually get the kind of discovery of news organization's internal 0:15:56.080 --> 0:16:01.000 deliberations and sourcing as was the case here. This was unusual. 0:16:01.160 --> 0:16:04.520 They were able to get inside stuff and overcome what's 0:16:04.560 --> 0:16:09.400 called the reporter's privilege that protects against disclosure of internal 0:16:09.560 --> 0:16:13.520 editorial deliberations in context with sources and so on. They're 0:16:13.520 --> 0:16:15.480 able to get around it because there was so much 0:16:15.560 --> 0:16:21.800 reporting going on about Fox's reporting over an extended period 0:16:21.840 --> 0:16:25.760 of time. You know, there were insiders who were talking 0:16:25.800 --> 0:16:29.680 to news organizations saying, I saw this email, I saw 0:16:29.760 --> 0:16:33.800 that I was in that meeting. Here's what Suzanne Scott said. 0:16:34.320 --> 0:16:37.040 Once you have that kind of specificity and you say 0:16:37.080 --> 0:16:39.360 there was this email, I know it was there, I 0:16:39.400 --> 0:16:42.520 know what they said, then you're more likely going to 0:16:42.520 --> 0:16:45.440 be able to get it, even if the reporter's privilege 0:16:45.800 --> 0:16:48.240 is powerful, as it is in New York, even if 0:16:48.240 --> 0:16:50.920 it's asserted. So if you don't know what you're looking for, 0:16:51.040 --> 0:16:53.280 you can't get it. And those you can't just say, 0:16:53.320 --> 0:16:56.120 do you have anything in which you displayed any doubt 0:16:56.160 --> 0:16:58.320 about what you were publishing? You can't do that. That's 0:16:58.360 --> 0:17:01.560 fishing and the reporter which doesn't allow it, though in 0:17:01.760 --> 0:17:05.639 ordinary cases you could get it. And that's the problem 0:17:05.640 --> 0:17:07.760 that Fox has here, is that there was so much 0:17:08.400 --> 0:17:11.320 information out there, so many people who were being fired, 0:17:11.760 --> 0:17:16.160 so many people who resigned because their professional sensibilities were 0:17:16.160 --> 0:17:19.720 offended by what Fox was doing, and then they themselves 0:17:19.760 --> 0:17:24.040 either wrote articles, they themselves turned over documents to news 0:17:24.080 --> 0:17:28.280 reporters who then cited those things. And once that's out there, 0:17:28.560 --> 0:17:32.200 then it's harder to block that because then the claimant 0:17:32.960 --> 0:17:37.040 has the particular artive that allows them to overcome the 0:17:37.200 --> 0:17:40.240 reporter's privilege. And by the way, it was still heavily 0:17:40.320 --> 0:17:43.400 battled in the dominion case. In other words, Fox did 0:17:43.440 --> 0:17:46.200 assert the reporters privilege, but it was hard to do 0:17:46.359 --> 0:17:50.359 because the stuff was already out there and already identifiable, 0:17:50.480 --> 0:17:53.440 which is rare and in many libel cases, particularly those 0:17:53.480 --> 0:17:57.919 that just involved one article or one line or several 0:17:58.000 --> 0:18:00.920 lines in one article, which is really what most things 0:18:00.920 --> 0:18:03.800 are at one publication with a lot of different statements 0:18:03.880 --> 0:18:06.160 in it. But you're still not going to as likely 0:18:06.560 --> 0:18:09.680 to be able to overcome the reporter's privilege in those 0:18:09.760 --> 0:18:10.560 kinds of setting. 0:18:10.880 --> 0:18:13.119 Thanks so much for your insights, David. It's such a 0:18:13.200 --> 0:18:18.639 fascinating case or cases. That's David Corzenic of Miller Corsenic 0:18:18.680 --> 0:18:21.399 Summer's Raymond. And that's it for this edition of The 0:18:21.440 --> 0:18:24.399 Bloomberg Law Show. Remember you can always get the latest 0:18:24.440 --> 0:18:27.560 legal news on our Bloomberg Law Podcast. You can find 0:18:27.560 --> 0:18:32.159 them on Apple Podcasts, Spotify, and at www dot Bloomberg 0:18:32.200 --> 0:18:36.000 dot com, slash podcast slash Law, and remember to tune 0:18:36.000 --> 0:18:39.240 into The Bloomberg Law Show every weeknight at ten pm 0:18:39.320 --> 0:18:42.879 Wall Street Time. I'm June Grosso, and you're listening to 0:18:42.920 --> 0:18:43.440 Bloomberg