There are two professions that enjoy Constitutional protections – journalism and clergy. While the government can and does intrude on many other professions, no other jobs enjoy a direct First Amendment guarantee. However, the recent news of a $787 billion settlement between Fox News and Dominion, the firing of Tucker Carlson at Fox News, and CNN parting ways with Don Lemon, prove that the business of news and the foundation of Free Speech protection are in real trouble.
The growing trend of lawsuits against media companies combined with the cancel culture advanced by the political left, is creating a direct assault on the marketplace of ideas, Free Speech, and open society in general. News outlets are forced to defend against ongoing attacks and an avalanche of lawsuits so numerous it could make former President Trump blush. While some may have merit, most are ideologically driven and frivolous.
Yet somehow Fox settled for nearly a billion dollars in the Dominion case and is starring at another likely larger matter with Smartmatic. It is almost as if they are trying to cheapen Free Speech by not defending it. Are they?
We live in a world where people move way too fast to take offense at something. Society accelerates even more quickly to seek retribution (before the news cycle ends). Instead of engaging in dialogue and seeking common ground, the alternative of weaponizing the court system, boycotting, and silencing opponents have become the weapons of choice today.
Perhaps this is why we are seeing changes in reporting and why so many are looking for alternatives like Twitter, podcasts, and other online networks. While FOX burns money and shareholder value faster than Elon Musk, I’m sure they will all agree Free Speech is expensive.
There is surely little that Tucker Carlson or Don Lemon would likely agree on, it should be safe to assume that both are victims of parent companies that simply will not accept the headaches and expenses that come from defending First Amendment Rights. The culture of fear of threatened boycotts, legal fees, jury awards, and settlements causes journalists on the left and the right to think twice about expressing their points of view.
Even before Tucker Carlson was taken off the air, advertisers avoided his program for fear of retribution – despite the program having the highest viewership. Perhaps Tucker Carlson would still be at Fox News if Bud Light had run ads during his show!
It remains to be seen where Carlson goes next. While he enjoys millions of viewers, fans, and supporters, he also likely requires a legal team to defend against ongoing malicious attacks and a sales staff that can convince skittish advertisers to engage to help pay for it.
The chorus of voices from the left who didn’t like what Tucker Carlson had to say was successful by making it too expensive for the business to continue providing him with the platform. Ironically, it lost more than a billion dollars in value in the days following his firing.
On the other hand, Don Lemon’s audience was much smaller. He often took positions that, while nonsensical, were supported by the radical left. He got attention by defending liberal positions and parroting the narratives that the left wanted to hear. This led former President Trump to call him the “dumbest man on television,” – an insult that likely kept him employed longer than he should have been.
Lemon crossed a line when he insulted women (likely inadvertently) by saying that candidate Nikki Haley is not “in her prime.” To his credit, Lemon apologized, but it was too late. The cancel culture mob went after one of their own and was successful.
In silencing Carlson, Lemon, and so many others before them, a culture of fear and conformity is born threatening the very foundations of our freedom.
Those who do speak up will usually find themselves successful for a while until the costs get too high. The value of Free Speech for the news business has fallen below what it costs to be associated with retribution for opinionated or firebrand anchors. Simply put, Free Speech is costing too much.
We must restore ways to address grievances and have a healthy debate on ideas. We must prioritize an open dialogue, and respect, that builds understanding – and stands up to the threats of retribution. As the elections draw closer, it seems that the dangers will only get worse.
The right to express opinions, no matter how controversial or unpopular, must be protected. It is only through a free and open exchange of ideas that we can build a stronger and more prosperous society.
The devaluing of Free Speech is a threat to us all – regardless of affiliation or belief.
Shaun McCutcheon is a Free Speech advocate, an Alabama-based electrical engineer, the founder of Multipolar, and was the successful plaintiff in the 2014 Supreme Court case McCutcheon v. FEC.