February 18, 2021
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6:28Now PlayingTucker Carlson comes clean about all his lies?! John Iadarola and Jayar Jackson break it down on The Damage Report.
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"OPINION AND ORDER GRANTING MOTION TO DISMISS re: 28 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&q uot; 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 statemen ts 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-empte d 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."
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