Did I hurt your feelings?
Feel free to give your alternative version, I see nothing distorted about the links I posted but if you actually have some facts or evidence, let's see it.
I will assume familiarity with the case, so I'm not going to summarize. For those who are interested in the details, the
appeals court decision goes into some of the background.
Here is a link to a news report about the original jury verdict.
Basically, the plaintiffs - reporters Jane Akre and her husband Steve Wilson - lost in court on their claim that Fox News asked them to lie about their story on Monsanto's dairy cow growth hormone. The jury didn't believe that Fox had asked them to lie. Fox News instead had asked the reporters to change things in the report which Monsanto had pointed out were factual errors.
What Akre did prevail on originally was her claim that she was wrongfully fired under Florida's whistleblower statute (weirdly enough, her husband did not prevail on that claim). The statute basically says that if you get fired by your employer for threatening to report an illegal act to the authorities, then you are eligible for damages, and the jury awarded her $425K.
On appeal, Fox News lawyers argued, among many different substantive things, that the Florida whistleblower law had no application because even if all that Akre alleged was true (it wasn't actually, and the jury ruled that her accusations were untrue), it wouldn't apply because she wouldn't fit the definition of a whistleblower.
Fox lawyers of course argued that Fox did not ask anybody to lie and in fact that the Akre story was pulled because it was factually flawed. However, the appeals court never reached those issues. It immediately noted Akre's failure to state a claim, i.e. even if all she alleged was true, she wouldn't be a whistleblower because a whistleblower (under Florida law) required that she was fired for threatening to report an illegal act. The act she was threatening to report was not illegal.
This is how the legal process in the US works. As a threshold matter, the court looks at whether the plaintiff would win assuming that every fact that she alleges is true. If she wouldn't, then the court goes no further. Good lawyers of course will point this out as part of their argument. It doesn't mean they're conceding that every fact the plaintiff alleges is true. Quite the opposite actually.
By the way, here is an excerpt from the
original news report I linked to before:
"This is a wonderful day," said Phil Metlin, the news director of Fox 13. "The jury realized that Fox never told anyone to lie, distort or slant the news." Metlin said Fox will appeal the damages awarded to Akre.
And of course the dairy cow growth hormone, which Akre and her husband insisted had adverse health effects, is still in use today, so their conclusions were obviously not definitive (and probably not indicative).
I find it fascinating that this meme that Fox argued in court that it had the right to broadcast lies (which it actually does not under FCC rules) has become an article of faith in liberal circles even though it is a complete distortion of something which is easily accessible in the public record. I am trying to think of something similar on the conservative side, but all of the examples I come up with are either fringe ideas or not easily disproved because they are more subjective claims than objective ones. I would be grateful for an example if somebody can provide one.