There’s No Cure for Frivolous Print
Wednesday, April 08 2020

Fox News is being sued by a nonprofit in Washington state, accusing the major news network of violating a consumer protection law by engaging in a “campaign of deception” regarding the COVID-19 pandemic.

According to news sources, the Washington League for Increased Transparency and Ethics alleges that Fox broadcasted news and commentary that constituted “malicious misrepresentation and false information,” depriving the public of information necessary to prevent or mitigate transmission of coronavirus.

“Defendants actions dissuaded the public, including elderly viewers, from taking necessary precautions to protect themselves from contracting the virus,” the complaint states.

“Wrong on the facts, frivolous on the law. We will defend vigorously and seek sanctions as appropriate,” Fox News Media general counsel Lily Fu Claffee countered.

Media law experts aren’t buying the viability of the lawsuit.

“This attempt to bring a products liability action against the news is a silly nuisance suit.  It has zero chance of prevailing under the First Amendment,” Bob Corn-Revere, a media lawyer with Davis Wright Tremaine said.

First Amendment expert Eugene Volokh, a professor at UCLA Law, adds in a blog post that he is “quite confident the lawsuit is going nowhere.”

"Overall a plaintiff would have to satisfy a pretty high burden in order to go after a media defendant and courts will be very reluctant to impose liability,” Venkat Balasubramani, a Seattle-based attorney who practices First Amendment law, said.

Source: Mediapost.com