Can Fox News Really Be Sued for Vaccine Misinformation? (Guest Column)

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Personal injury lawyers may be the heroes we deserve, but sadly they are not the ones we need right now.

Case closed? Not so fast. Individual autonomy is a foundational element of American personal injury jurisprudence. Therefore, to be held liable for the misfortune of another person, one must first have a “duty of care.” All of us have them, and they typically boil down to being reasonably conscientious of others’ health, safety, and personal autonomy.

It’s also true that certain professions owe extra care to their clients and the public by virtue of their positions of societal trust. Their speech can be regulated as long as a government interest is substantial. But courts have consistently rejected any sort of fiduciary obligation on the part of the news media. Simply put, there is no such thing as journalistic malpractice. Journalists and other on-air personalities are no more responsible for your health and wellness than any other member of your community — no matter how authoritative or persuasive they can be.

Second, any law that curtails or punishes speech must contend with the First Amendment. America has a proud tradition of protecting “bad” speech . Contrary to many an amateur legal commentator’s belief, youUnder the First Amendment, courts apply strict scrutiny to political speech. Take

 

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“Fiduciary responsibility” 🤦🏼‍♀️ like no one is gaining any money from this vaccine.

God I hope so.

Hopefully

pretty sure all the major media outlets have lied or spun crap about vaccines. Truth is there is no absolute proof they are safe when they were literally just tested for months before being rushed through & still unverified.

Yep they can

I think they should be able to be. News outlets are supposed to have an objective line of information and facts. Otherwise several programs on many different news channels should have a disclaimer beforehand informing the viewer that it is for entertainment purposes only

Yes they can be. They are contributors in being a health risk with by broadcasting false information and lies that can or already has killed people.

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