The Deplorable Vanishing of Fox’s Trial

I just wrote another short piece you might want to read, The Deplorable Vanishing of Fox’s Trial.  Here’s the abstract.

About 20 years ago, there was a flurry of worries about “the vanishing trial.”  Professor Marc Galanter described trials as having the potential for “deep accountability” where facts are exposed and responsibility is assessed.  The Dominion Voting Systems lawsuit against Fox Corporation and Fox News is just the kind of case in which a trial would have provided deep accountability.  Instead, according to New York Times columnist David French, the settlement enables Fox to avoid accountability and “pay for the privilege of continued corruption” as just another cost of doing business.  The court implored the parties to settle, which is not necessarily problematic in garden-variety commercial cases that involve no significant public interest.  But the Dominion lawsuit involved a paramount public interest, and the court should not have pressed the parties to settle.

Take a look.

I wrote this piece before Fox announced it was firing its top-rated personality, Tucker Carlson.  According to the news reports, there were multiple possible reasons for Fox to get rid of Mr. Carlson.  Apparently, disseminating false information about the 2020 election was not one of them.

 

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