Why Fox News will probably not be penalized for airing a Seth Rich conspiracy theory

Coverage Type: 

By Fox News's own admission, a retracted report in May about the deceased Democratic National Committee staffer Seth Rich was bad journalism. Nevertheless, the network is well-positioned to fend off a lawsuit brought by Rich's family that alleges “intentional infliction of emotional distress,” according to legal experts.  The Rich family would have to demonstrate that Fox News's actions were “outrageous,” which sounds colloquial but is actually a technical term and “a fairly high standard,” according to Doris Brogan, a law professor at Villanova University. “ 'Outrageous' is something that would be totally unacceptable in normal society,” Brogan said. “The conduct involved has to be more than just inappropriate, more than just rude, more than just nasty. That's a high hurdle.”


Why Fox News will probably not be penalized for airing a Seth Rich conspiracy theory