In The USA, A Judge Decided That Tucker Carlson’s Audience Doesn’t Believe He Believes What He Is Saying…Despite The Fact That He Sows Hate Daily & People Call Him A Truth-Telling Patriot…And That Is How He Won His Defamation Case!!!
In McDougal v. Fox News Network, LLC (2020), a federal judge dismissed a defamation claim by ruling that the “general tenor” of Tucker Carlson Tonight informs viewers that Carlson is not “stating actual facts,” but is instead engaging in “exaggeration” and “non-literal commentary.”
This strategy mirrors the “puffery” defense from Pizza Hut, Inc. v. Papa John’s Int’l, Inc. (2000), where the 5th Circuit Court of Appeals held that “Better Ingredients. Better Pizza” was non-actionable because it was a “general claim of superiority” so vague that no reasonable consumer would rely on it as a fact.
By framing inflammatory rhetoric as a “style” rather than news, influencers like Carlson and Candace Owens—who has faced similar scrutiny in cases like Macron v. Owens (2025)—exploit a loophole where the more outrageous the claim, the more likely a court is to label it “rhetorical hyperbole.”
This legal standard creates a troubling reality: when hate or misinformation is packaged as “opinion” or “entertainment,” it receives the same protection as a pizza slogan.
Just as Papa John’s was cleared for “sales talk,” these figures are often shielded because the law assumes a “reasonable viewer” approaches their content with skepticism.
This effectively grants a legal pass to those who stoke emotion for profit, as the courts prioritize the “breathing space” of the First Amendment over the factual accuracy of the performance.
References:
“‘You Literally Can’t Believe the Facts’: Tucker Carlson Tells You So, Say Fox’s Lawyers.” NPR, September 29, 2020. https://www.npr.org/2020/09/29/917747123/you-literally-cant-believe-the-facts-tucker-carlson-tells-you-so-say-fox-s-lawyer
“Macrons File Defamation Suit against US Influencer Candace Owens.” BBC News, July 23, 2025. https://www.bbc.com/news/articles/c8739w8py4jo
McDougal v. Fox News Network, LLC, No. 1:19-cv-11161 (MKV) (S.D.N.Y. Sept. 23, 2020). https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2019cv11161/527808/39/
Written with the help of AI.
Writing by Dr. Dannielle Blumenthal 
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