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BigFakeSmile

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Nov 16, 2002
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excellent rotten.com daily news item... http://story.news.yahoo.com/news?tmpl=story&cid=564&ncid=564&e=3&u=/nm/20030822/ts_nm/media_fox_dc_9

"To me, it's quite ambiguous as to what the message is," she said. "It's a deadly serious cover ... This is much too subtle to be considered a parody." Floyd Abrams, a lawyer representing Penguin and Franken, strongly disagreed. "There is no way that any person not completely dense would be confused by this cover to think that Fox was accusing O'Reilly of being a liar," he said.
 
I read an article about how everything that happened--the spike in Franken's book sales, the rejection of the suit, the wide attitude of "Ailes is a bully"--was in Ailes' plan all along. It was a calculated way to protect his Fair and Balanced trademark in other cases, when he might have a real financial stake in it; although this particular one was a silly suit, the next one might not be, and he's shown he'll go to serious legal lengths to protect it.

More importantly, he's elevated Franken to the status of a villain all Fox's talking heads can bash and mock every show, without having to explain who he is. Franken's been being destroyed all over Fox (the highest-rated cable news network) since this suit. Pretty clever.

Oh, also: it was a chance for him to name-call and get it entered into the legal record. The suit belittles Franken as "shrill" and a third-rate pseudo-political-commentator type, among other things.