As Fox News faces legal peril over its coverage of Donald Trump’s 2020 election lies, one of its most featured Republicans, Florida Gov. Ron DeSantis, is trying to gut the free speech protections that may ultimately save the network from financial ruin.
DeSantis and his GOP allies in the state legislature have proposed a sweeping overhaul to defamation laws here that would make it far easier to sue news organizations in Florida. The legislation, fashioned to punish media outlets over their coverage of conservatives, would turn the state into a battleground over the future of the First Amendment.
But in doing so, DeSantis has sparked warnings from the right that his attempts to target the mainstream media will result in headaches for conservative outlets as well. Among the most vulnerable, opponents have said, could be the media organizations that have done the most to promote DeSantis amid his ascent in the GOP.
“I understand the emotion behind this bill, but you cannot legislate on emotion and this bill is a sword that will cut both ways,” said Trey Radel, a former Republican colleague of DeSantis in the US House who hosts a weeknight radio show on a Florida Fox News affiliate. “This bill has the potential to stifle, if not shut down, center right media and conservative talk radio.”
The legislation as introduced takes direct aim at the landmark US Supreme Court ruling in New York Times v. Sullivan, which created a higher barrier for public figures to sue for defamation. The decision has been a bedrock of US media law since the case was decided in 1964, protecting news outlets from expensive lawsuits for mistakes made during the course of reporting by requiring plaintiffs to prove the reporter or outlet demonstrated “actual malice” when publishing erroneous information about a public figure.
Fox News has leaned heavily on the ruling in defending…
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