A judge has dismissed Karen McDougal’s lawsuit against Fox News.
The former Playboy Playmate argued that on-air comments by Tucker Carlson, including “Now that sounds like a classic case of extortion,” were defamatory. The judge disagreed, concluding that Carlson’s statements amounted to “opinion commentary intended to frame a political debate.”
Per Law&Crime:
U.S. District Judge Mary Kay Vyskocil, a Trump appointee, said in an order summarized on the Southern District of New York docket that McDougal’s amended complaint offered “only conclusory allegations about Mr. Carlson’s alleged biases and otherwise pursues theories that are pre-empted by long-standing precedent.” From the docket:
OPINION AND ORDER GRANTING MOTION TO DISMISS re: MOTION to Dismiss the Amended Complaint (DE-27) filed by Fox News Network, LLC. Plaintiff Karen McDougal claims to have been defamed by accusations of “extortion” leveled at her by Tucker Carlson on Defendant Fox News Network’s broadcast. However, as described herein, Ms. McDougal has not offered a plausible interpretation that the statements Mr. Carlson made, when read in context, are statements of fact. The Court concludes that the statements are rhetorical hyperbole and opinion commentary intended to frame a political debate, and, as such, are not actionable as defamation. In addition, as a public figure, Ms. McDougal must raise a plausible inference of actual malice to sustain her defamation claim. She has failed to do so. The Amended Complaint offers only conclusory allegations about Mr. Carlson’s alleged biases and otherwise pursues theories that are pre-empted by long-standing precedent. For these reasons, Defendant Fox News’s Motion to Dismiss the Amended Complaint [ECF #28] is GRANTED. The Clerk of Court respectfully is requested to close the case. (Signed by Judge Mary Kay Vyskocil on 9/23/2020) (mro) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/24/2020)
Fox News previously told Law&Crime that the McDougal lawsuit was “meritless” and that it would vigorously defend Carlson in court. On Thursday, a Fox News spokesperson told Law&Crime that McDougal tried and failed to “silence” Tucker Carlson.
“Karen McDougal’s lawsuit attempted to silence spirited opinion commentary on matters of public concern. The court today held that the First Amendment plainly prohibits such efforts to stifle free speech,” the statement said. “The decision is a victory not just for FOX News Media, but for all defenders of the First Amendment.”
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Karen McDougal will no refile a claim of “Definition of Character” instead of Defamation of character.
What kind of character does a female that shows herself off as a playmate have?
Fox News and Tucker Carlson should file suits for defamation
against Karen McDougal!
Too bad we don’t have the Canadian system whereby the loser pays ALL court costs/lawyers fees for BOTH sides. Would stop alot of these frivolous gold digging/ambulance chasing actions that clog up our already overloaded judicial system. At least people would think twice and the pro bono work would be used for legitimate cases, instead of the throw-it-at-the-wall-and-see-what-sticks nonsense!
I disagree. Imagine you’ve said something derogatory against “Big Tech CEO” and their company and are taken to court over it by cadres, if not legions of 5+ $ figure per hour lawyers. Now, imagine you lose the case.
OK, Ms. McDougal, you’ve had your 15 minutes now just go away. Count yourself as lucky you were born with a pretty face and big tits. Nobody is really interested in anything else.
Those baseless lawsuits are very tiring and expensive.. prostitutes are getting what they ask for in commentaries. Love watching Tucker, no bull just real opinions that make sense.
I smell a rat(George Soros)
I think the, “Creepy Porn Lawyer”, is more likely.
If only we all could file suits against the media, Hollywood, and the Democrats, we all could be rich beyond our wildest dreams. How is it the left can cry foul and it is taken all the way to the courts, and we the Conservatives have to swallow all the B.S. day after day?
Time to go after her Tucker. What goes around,comes around.
Fox news will tear down anyone’s complaint, I guess it depends on who is putting money in their pocket or who they are covering up , I have noticed they do not go after helping the public they help corruption get covered up I think they are racists against white people
like cnn who just lost a major lawsuit and more to come?