A federal judge in New York ruled on Thursday that Fox News host Tucker Carlson did not defame Karen McDougal, a former Playboy model who claims to have had an affair with President Trump.
U.S. District Court Judge Mary Kay Vyskocil said the conservative personality is known for “overheated rhetoric” and “pitched commentary” and that it’s an opinion-based show, according to the New York Daily News.
“As [Fox News] notes, Mr. Carlson himself aims to ‘challenge political correctness and media bias,’” the judge wrote. “This ‘general tenor’ of the show should then inform a viewer that he is not ‘stating actual facts’ about the topics he discusses and is instead engaging in ‘exaggeration’ and ‘non-literal commentary.'”
The network celebrated the judge’s decision, saying that it was a victory for the First Amendment.
“Karen McDougal’s lawsuit attempted to silence spirited opinion commentary on matters of public concern,” a spokesperson from Fox News told the Washington Examiner. “The court today held that the First Amendment plainly prohibits such efforts to stifle free speech. The decision is a victory not just for Fox News Media, but for all defenders of the First Amendment.”
McDougal filed the lawsuit, which named Fox News as the defendant, on Dec. 5, nearly a year after the relevant episode of Tucker Carlson Tonight. She sought punitive damages in the suit but did not mention an exact amount.
Carlson, in the Dec. 10, 2018, episode of his prime-time show, accused the former model of extortion and claimed that she “approached Donald Trump and threatened to ruin his career and humiliate his family if he doesn’t give them money.” He also classified her behavior as “a classic case of extortion.”
The host did not mention McDougal by name during the show but did show a photo of her.
McDougal claims she and Trump met at the Playboy Mansion in 2006 and that they began a 10-month affair that ended when she felt guilty about Trump cheating on his wife. The president has denied the affair.
Before the 2016 presidential election, the National Enquirer purchased the rights to McDougal’s story for $150,000 but did not publish it. She was restricted from discussing the alleged affair until she came to a settlement agreement with American Media in April 2018.
