Thread by @lauferlaw

Getting some questions on whether we can sue Fox News as a class action. Initially, anyone can sue anyone for any reason. The question is whether the suit can survive a pre-answer motion to dismiss. Let’s analyze this as 1st year law students would under two theories of law, 1/

Contract and Tort. Let’s also apply the analysis formula law students use. It’s called IRAC or TRAC - Issue (Topic) Rule, Application, and Conclusion. In order to have a legally binding contract (basic) you need an offer, acceptance, and consideration. Consideration is 2/

anything of value, in this case we’ll use cookies bc everyone likes cookies. You want to buy 5 widgets from the widget salesperson. You offer 5 cookies for the widgets, the salesperson accepts your offer and consideration - the cookies. You now have completed a contract. 3/

Now let’s use IRAC to see whether Fox has a contract with its viewers - Issue. Rule - In order to have a contract, you need an offer, acceptance, and consideration. Now let’s Apply that to to the facts. You want reliable news, Fox claims to offer that, you accept the offer 4/

however where’s the consideration, the exchange of value? You don’t pay Fox directly. You pay your provider for many channels including Fox News. Does any of your payment go directly to Fox News? Probably not bc they make their $ via advertising $. Conclusion - you probably 5/

don’t have a contract with Fox News. Now let’s use the same analysis under a Tort theory of liability. Torts are civil actions (non-criminal) you can pursue against an individual or company who breached a duty of care owed to you. They acted in a way a reasonably prudent 6/

person would not have and their breach or violation of care caused you to be injured - car accidents, negligent repair, forgoing safety protocols at a construction site resulting in injury, etc. By way of example, let’s use a Prima Facie Tort to determine whether Fox owed 7/

and breached a duty of care to its viewers. Prima Facie means an ideal or perfect example. Issue - Does Fox News owe a duty of care to its viewers and if so, is reporting of false or fake news a breach of that duty? If a duty is owed and there was a breach did it 8/

cause injury? And finally causation, is the injury directly or proximately related to the breach of duty by Fox News? If yes to all of the above, then Fox is liable to its viewers. We get closer to Fox being liable under this theory imo. Let’s say Fox reports that the 9/

the #coronavirus is harmless, without any disclaimers, and it’s viewers should go out and party, etc. Listening to this, Fox Viewers rave for several weeks spreading the virus and getting others sick. Many stay home from work and lose money. Some suffer lung and organ 10/

damage. Others die. Fox’s disinformation or misleading broadcasts can be tide to these events. Yelling fire in a movie theater is a good analogy. No fire and people get hurt. Conclusion - Under Tort theory, Fox could be held liable. X

tied*