After being called a Communist, Marxist, and 9/11 truther by Fox News for over a year Van Jones has decided to threaten the news organization with legal action. Yesterday Van Jones, the former Green Jobs advisor under President Obama who was forced to resign after extensive coverage from Glenn Beck, sent a letter to Fox News ordering them to “cease and desist” making “a series of sensational and inflammatory charges” against Jones. The letter claims that a number of “demonstrably, unequivocally and absolutely false” statement have been made about Jones by numerous Fox News personalities including Glenn Beck, Bill O’Reilly, and Sean Hannity. The letter also demands that Fox News broadcast a retraction of the false statements made concerning Van Jones.
Generally cease and desist letters are sent as a sort of “warning shot” before formal legal action is taken against another party. At this time, Fox News can simply ignore the letter and continue to call Jones a Marxist among other things, or comply with the letter and change its coverage of Jones. Fox News has said that they received the letter and that it is currently “under review.” In the letter Van Jones lawyer claims that the false allegations made against Jones are “actionable as a matter of law.”
Presumably, Van Jones would bring some kind of defamation of character suit against Fox News if they refused to comply with the letter. Defamation suits can be hard to win, particularly against a large media organization like Fox News. The team of lawyers for Fox would likely try to run to the shelter of the First Amendment to try and shield Fox News from liability. Fox News could also claim that their coverage of Van Jones was truthful, or that they believed it to be truthful when the allegations were made.
The validity of the Fox News defenses would turn on a number of factual and legal issues. Van Jones has said that he Communist in the past, but since that time he has denounced Communism and Marxism. In the letter Van Jones’ lawyer states, “Mr. Jones is not a member of any Communist Party or Marxist organization whatsoever, and has not expressed any support for any form of Communist or Marxist ideology for many years.” In the letter, Van Jones lawyer claims that the network continues to cover him as Communist despite his denunciation of these ideologies. In the past Glenn Beck has apologized for mistakenly calling Van Jones a convicted felon, but has continued to claim that Jones is an “avowed Communist” and “radical revolutionary.”
Jones claimed that he tried to talk the problem out with Fox News by having an hour-long talk with a producer for Glenn Beck’s show. After thinking he had the matter resolved, Jones said he grew increasingly frustrated when the network continued a “smear campaign” against him. Jones then said his patience ran out and he decided to pursue legal remedies.
Comments