On May 27, a Seattle judge dismissed WASHLITE’s lawsuit, ruling that the group’s “assertions do not hold up to scrutiny.” In a statement responding to the ruling, Fox News wrote that “Using a false portrayal of Fox News Channel’s commentary, WASHLITE attempted to silence a national news organization to settle a partisan grievance. This was not only wrong, but contemptuous of the foundation of free speech and we are both pleased the court dismissed this frivolous case and grateful to the First Amendment community that rallied to our side.” The original story continues below.

Just over a week ago, former Fox Business host Trish Regan parted ways with the network, ostensibly because she called the coronavirus melee “yet another attempt to impeach...demonize, and destroy the president.” That the comments, which mirrored those of nearly every other Fox host at the time, would result in her termination seemed disproportionate, and last week a member of Fox Corporation chairman Rupert Murdoch’s front office told the Daily Beast that Regan represented “a sacrificial lamb”—a scapegoat for critics who lampooned the network for dangerously misinforming its viewers about a deadly pandemic. Regan’s ouster failed to achieve this goal, and according to new reports, Fox is now lawyering up, bracing for a litany of public-interest lawsuits and letters of condemnation for pedaling misinformation for weeks prior to coronavirus’s explosion in the U.S.

The first such consumer-protection complaint came from the Washington League for Increased Transparency and Ethics (WASHLITE) on Thursday, which named Murdoch,__ Fox News, AT&T, Comcast, and other related entities as defendants. Seeking nominal damage, the suit claims the “defendants acted in bad faith to willfully and maliciously disseminate false information denying and minimizing the danger posed by the spread of the novel Coronavirus, or COVID-19, which is now recognized as an international pandemic.” WASHLITE board member Arthur West justified the suit by accusing Fox News of goading Americans into ignoring social distancing measures, thus exacerbating the outbreak. “That’s the real evil of this type of programming,” he told the Times of San Diego. “We believe it delayed and interfered with a prompt and adequate response to this coronavirus pandemic.”

Well past the olive branch phase, Fox is reportedly ready for whatever court battles come next. “The strategy is no settlements, even if it costs way more to fight the lawsuit and seek sanctions for ambulance-chasing lawyers,” an executive told the Daily Beast. He recalled the Murdochs’ successful evasion of two lawsuits related to conspiratorial Fox coverage of the murder of DNC staffer Seth Rich, which were dismissed in 2018 with help from the firm Williams & Connolly. In a statement to the Beast, Fox News general counsel Lily Fu Claffee described the WASHLITE suit as “Wrong on the facts, frivolous on the law” and added, “We will defend vigorously and seek sanctions as appropriate.”

This time, however, might be very different from the Rich case. During a Sunday appearance on MSNBC, my colleague Gabriel Sherman said Fox insiders had expressed “real concern...that their early downplaying of the coronavirus actually exposes Fox News to potential legal action by viewers who maybe were misled and actually have died from this.” He went on to say that while the Murdochs are “privately taking coronavirus seriously”—Rupert Murdoch quietly cancelled his 89th birthday party on March 11—top hosts like Regan and Sean Hannity were actively “telling viewers that it’s a hoax...If it actually winds up being proved that people died because of it, this is a new terrain in terms of Fox being possibly held liable for their actions.”

A number of public opinion surveys suggest Fox succeeded in swaying the perception of coronavirus among its viewers. Despite COVID-19 deaths mounting to more than 10,000 in the U.S., and case numbers here surpassing 350,000, 79% of Fox News consumers who responded to a Pew Research survey last week believe the media “slightly or greatly exaggerated the risk of the pandemic.” In contrast, just 35% and 54% of MSNBC and CNN viewers, respectively, say press coverage was overstated. A mid-March poll conducted by Survey 160 and Gradient Metrics poll revealed that Americans who tune into Fox News are more likely to ignore Centers for Disease Control advisories to stay at home than both non-Fox-watching Republicans and Democrats.

A similar poll from YouGov and The Economist conducted in mid-March showed that, compared to consumers of other types of news media, Fox News viewers are the least likely to express concern about coronavirus. That poll was cited in a disapprobation letter cowritten by Todd Gitlin, a Columbia Journalism School professor, addressed to Murdoch and his son, Fox Corporation CEO Lachlan Murdoch. The letter has now been cosigned by over 100 professors, including from top journalism programs at Northwestern, UC Berkeley, and Columbia. “The misinformation that reaches the Fox News audience is a danger to public health. Indeed, it is not an overstatement to say that your misreporting endangers your own viewers—and not only them, for in a pandemic, individual behavior affects significant numbers of other people as well,” states the letter, enumerating misleading coverage.

In an interview with Newsweek, Hannity himself fired back at the letter in an attempt to rewrite history. “[The] media mob and liberal professors who are so lazy they won’t even look at what I’ve said about the virus...I never called it a ‘hoax,’” he said. “I have taken this seriously way before most in the media did.” (On March 9, Hannity implied that media outlets covering the virus were doing so to “bludgeon Trump with this new hoax.” Two days later, he insisted that the seasonal flu is “much more dangerous” than COVID-19 and argued that “we’re all dying” anyway.)

This article has been updated.

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