5/10/2023 0 Comments Fox news newsbar template![]() Carlson’s statements were actionable as defamation and whether Ms. The main issue before the Court was whether the Defendant would succeed in its motion to dismiss and the central questions related to whether Mr. On June 17 th, 2020 the Court granted the Defendant’s motion to dismiss the case. In response the Defendant argued that the accusations of “extortion” did not amount to a statement of fact. McDougal also stated that under Second Circuit precedent, she had adequately alleged actual malice. Carlson himself suggested that the statements made by him were facts, Ms. In addition to her earlier claims that during the show Mr. Carlson’s statements “cannot reasonably be interpreted as facts” and that the Amended Complaint failed to allege actual malice. The Plaintiff then filed an Amended Complaint which the Defendant also moved to dismiss claiming that Mr. The Plaintiff filed her original complaint on December 5 th, 2019, in the New York State Court, but before it was served, Fox News moved the case to federal court on the basis of diversity jurisdiction and filed a motion to dismiss. McDougal’s actions were a classic case of extortion which is a crime. Donald Trump and threatening to ruin his career and family if he didn’t give money, and secondly when Mr. The Plaintiff had stated in her complaint that two statements made during the show claimed as “facts” by Mr. Now, that sounds like a classic case of extortion….” Donald Trump and threatened to ruin his career and humiliate his family if he doesn’t give them money. Carlson stated, “……Remember the facts of the story. McDougal by name during the show but at one point, while having the debate with guest commentators, Fox News displayed her picture on-screen. On December 10 th, 2018, the Defendant, Fox News, aired an episode of “Tucker Carlson Tonight”, which contained a discussion on Mr. Cohen eventually pleaded guilty to violations of campaign finance laws. Trump but subsequently, in December 2018, he admitted to having made the payments on the ill advice of his lawyer, Mr. The said allegations were initially denied by Mr. McDougal in the first place, and then personally reimbursed the payments himself, all as part of an effort to avoid having the allegations affect the 2016 election. Trump had directed the AMI payment to Ms. ĭuring the Government’s investigation of these payments, Mr. Trump’s direction bought the rights of the story from AMI for $125,000. Subsequently, a corporate shell entity formed by Mr. (“AMI”) in exchange for the rights to her story about the affair with Mr. ![]() McDougal was paid $150,000 by American Media, Inc. According to the reports, before the 2016 US elections, Ms. Cohen was charged with allegations of violation of federal campaign finance laws. In 2018, during the investigation and guilty plea of Mr. Karen McDougal, a former model and actress gained attention when stories came out about her affair with former US President Donald Trump in 2006-2007. Further, court precedents showed that accusations of extortion related to political issues are construed as non actionable.įollowing the United States Presidential Election 2016, the Plaintiff, Ms. Trump due to campaign finance violations and the discussion of payments to the Plaintiff in the process, thus “the statements were matters of public concern”. Carlson’s statements were based on the potential for an impeachment inquiry against Mr. Carlson accused her of extorting $150,000 in exchange for her silence about her alleged affair with the former President, Donald Trump. The Plaintiff claimed that she was defamed in the “Tucker Carlson Tonight” show when Mr. The United States District Court for the Southern District of New York dismissed the Plaintiff’s action of slander against the Defendant as the impugned statements were mere rhetorical hyperbole and the Petitioner failed to prove actual malice.
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