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MSNBC claims lies are just opinions, Federal Judge agrees

MediaTricks | January 27, 2022

Article screenshot from Glenn Greenwald's substack: "A Court Ruled Rachel Maddow's Viewers Know She Offers Exaggeration and Opinion, Not Facts."

"Maddow’s show is different than a typical news segment where anchors inform viewers about the daily news," an Obama-appointed judge ruled.

MSNBC's top-rated host Rachel Maddow devoted a segment in 2019 to accusing the right-wing cable outlet One America News (OAN) of being a paid propaganda outlet for the Kremlin. Discussing a Daily Beast article which noted that one OAN reporter was a "Russian national” who was simultaneously writing copy for the Russian-owned outlet Sputnik on a freelance contract, Maddow escalated the allegation greatly into a broad claim about OAN's real identity and purpose: “in this case,” she announced, “the most obsequiously pro-Trump right wing news outlet in America really literally is paid Russian propaganda."

In response, OAN sued Maddow, MSNBC, and its parent corporation Comcast, Inc. for defamation, alleging that it was demonstrably false that the network, in Maddow's words, “literally is paid Russian propaganda." In an oddly overlooked ruling, an Obama-appointed federal judge, Cynthia Bashant, dismissed the lawsuit on the ground that even Maddow's own audience understands that her show consists of exaggeration, hyperbole, and pure opinion, and therefore would not assume that such outlandish accusations are factually true even when she uses the language of certainty and truth when presenting them (“literally is paid Russian propaganda").

In concluding that Maddow's statement would be understood even by her own viewers as non-factual, the judge emphasized that what Maddow does in general is not present news but rather hyperbole and exploitation of actual news to serve her liberal activism:

On one hand, a viewer who watches news channels tunes in for facts and the goings-on of the world. MSNBC indeed produces news, but this point must be juxtaposed with the fact that Maddow made the allegedly defamatory statement on her own talk show news segment where she is invited and encouraged to share her opinions with her viewers. Maddow does not keep her political views a secret, and therefore, audiences could expect her to use subjective language that comports with her political opinions.

Thus, Maddow’s show is different than a typical news segment where anchors inform viewers about the daily news. The point of Maddow’s show is for her to provide the news but also to offer her opinions as to that news. Therefore, the Court finds that the medium of the alleged defamatory statement makes it more likely that a reasonable viewer would not conclude that the contested statement implies an assertion of objective fact.

The judge's observations about the specific segment at issue — in which Maddow accused a competitor of being “literally paid Russian propaganda" — was even more damning. Maddow's own viewers, ruled the court, not only expect but desire that she will not provide the news in factual form but will exaggerate and even distort reality in order to shape her opinion-driven analysis (emphasis added):

Viewers expect her to do so, as it is indeed her show, and viewers watch the segment with the understanding that it will contain Maddow’s “personal and subjective views” about the news. See id. Thus, the Court finds that as a part of the totality of the circumstances, the broad context weighs in favor of a finding that the alleged defamatory statement is Maddow’s opinion and exaggeration of the Daily Beast article, and that reasonable viewers would not take the statement as factual..

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Categories: News Corporations, Propaganda, TV Tags: MSNBC

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