Fox News retracted a story from its website Tuesday afternoon, after a week of conspiracy theory peddling from one of its most popular television hosts, Sean Hannity. The story was about Seth Rich, the 27-year-old DNC staffer who was murdered last July while walking to his home in D.C. The story was also popular on a number of websites, including alt-right Breitbart and the far-right Drudge Report.

Quoting Rod Wheeler, a private investigator who was supposedly looking into the case on behalf of the Rich family, the story claimed that Rich leaked emails and other documents from DNC staffers and Hillary Clinton to WikiLeaks. That would mean the information did not come from Russian operatives, as both the CIA and the FBI have concluded. Fox issued the following statement on its retraction of the story:

On May 16, a story was posted on the Fox News website on the investigation into the 2016 murder of DNC Staffer Seth Rich. The article was not initially subjected to the high degree of editorial scrutiny we require for all our reporting. Upon appropriate review, the article was found not to meet those standards and has since been removed.

Early last week, Wheeler sparked the tinder that would set the “alt-right” media–and Hannity–aflame: he told Fox 5 D.C. he had sources at the FBI that said Rich had released a trove of emails and attachments to WikiLeaks. Rich was assassinated, according to the unfounded conspiracy, as part of an attempt to spread rumors that the Trump campaign colluded with Russia to harm the Clinton campaign by releasing thousands of embarrassing emails.

The FBI, along with the Senate and House intelligence committees, are currently investigating communications between the Trump campaign and the Russian government. Hours after Wheeler’s report, he told CNN that his “information” was in fact “from the reporter at Fox News,” not based on hard evidence or any of his own original findings or sources, including at the FBI. Wheeler later told Fox 5 the false report was due to “miscommunication.”

But that has not stopped Hannity and others on Twitter from fanning the flames:

Congress, investigate Seth Rich Murder! @JulianAssange made comments u need to listen to! If Seth was wiki source, no Trump/Russia collusion https://t.co/QPHZwypU34

— Sean Hannity (@seanhannity) May 22, 2017

 On Sunday’s “Fox and Friends,” Newt Gingrich also parroted Wheeler’s false report, saying: “We have this very strange story now of this young man who worked for the Democratic National Committee, who apparently was assassinated at 4 in the morning, having given WikiLeaks something like 53,000 emails and 17,000 attachments.”

Hannity and others have been able to latch on to Wheeler’s account, and earlier conspiracies swirling around Rich’s murder, because of the investigation’s lack of progress–the case remains unsolved. The investigation is ongoing; D.C. Metropolitan Police have some evidence that the murder was a botched robbery.

Meanwhile, The Daily Beast reported earlier this week that staff members and reporters at Fox News found Hannity’s insistence that this story has merit to be “embarrassing” and “gross.” Wheeler could find himself in court because of his unfounded claims. Rich’s family already sent a “cease-and-desist” letter to Wheeler through their lawyer, Joseph Ingrisano.

“Your improper and unauthorized statements, many of which are false and have no basis in fact, have also injured the memory and reputation of Seth Rich and have defamed and injured the reputation of the members of the family,” Ingrisano wrote.

Wheeler told the Chicago Tribune that he is “exploring all of my legal options and I sincerely hope that one day we find the person who took Seth’s life.”

In a Washington Post op-ed, Mary and Joel Rich, Seth’s parents, pleaded with those who continue to promulgate the falsehoods “to give us peace, and to give law enforcement the time and space to do the investigation they need to solve our son’s murder.” They added: “With every conspiratorial flare-up, we are forced to relive Seth’s murder and a small piece of us dies as more of Seth’s memory is torn away from us.”

Alec Siegel

Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

The post Fox News Retracts Seth Rich Conspiracy Theory appeared first on Law Street.

Actress Lindsay Lohan and her mother Dina filed a defamation lawsuit against Fox News, Sean Hannity, and Hannity’s guest commentator Michelle Fields on February 2 over allegations that the mother and daughter did cocaine together.

The alleged statements occurred on a February 4, 2014 Hannity episode where Fields and Hannity discussed celebrity drug overdoses. Fields can be heard saying, “Lindsay Lohan is doing cocaine with her mother.”

Mediaite.com has a clip of the segment, which you can view here.

The Lohans are seeking compensatory and punitive damages and “will continue to suffer severe mental and emotional distress; embarrassment and humiliation; pain and suffering; and economic loss, including loss of income, entertainment and acting contracts, present and future diminished income and economic opportunities,” according to E!.

Moreover, E! further reports that a Fox News spokesperson issued a statement saying, “We will defend this case to the fullest. The remark about which Lindsay and Dina Lohan complain was made on live television by a guest nearly a year ago. We removed the segment from our archives altogether last February and also apologized on-air. At that time, the Lohans did not make any demands for money, and we are surprised they are doing so now.”

A big issue in the case will likely surround when Fox News took down the segment. Nevertheless, I want to talk about a more elementary, and arguably more interesting, area of defamation law that will have an immediate effect on the case’s outcome.

In slander cases, the first question that needs to be asked is if the statement is true or false. If the statement is true here, then Lohan’s case will not succeed.

If the statement is false, victory or defeat in slander cases comes down to various burdens of proof that a potential plaintiff needs to prove. Burdens of proof in a slander case vary depending on whether the plaintiff is a private citizen or public figure. Since the younger Lohan is a global celebrity, she will likely qualify as a public figure, and in particular a general purpose public figure. Being a general purpose public figure, she will have to prove that Fields’ statement was made with knowledge that the statement was false or that Fields said the statement with a reckless disregard to the statement’s falsity. In other words, Lohan will have to prove that Fields made the statement with actual malice.

Lohan’s mother may classify as a different type of public figure, that is, a limited purpose public figure. A limited purpose public figure is someone who is a private citizen who thrusts herself into a public controversy. Limited purpose public figure must also prove that a defamatory statement was made with actual malice. Nevertheless, an argument can be made that Lohan’s mother is a general purpose public figure because of her Living Lohan fame.

Regardless, given the recent multimillion dollar libel verdict in favor of Jesse Ventura, I doubt that Fox News will want to prolong this issue all the way to trial, despite its statement that it will defend the case to the fullest. I will be surprised if the case is not settled out of court.

Editor’s Note: A previous version of this article referred to Lohan’s suit as libel; the suit is one of defamation.

Joseph Perry

Joseph Perry is a graduate of St. John’s University School of Law whose goal is to become a publishing and media law attorney. He has interned at William Morris Endeavor, Rodale, Inc., Columbia University Press, and is currently interning at Hachette Book Group and volunteering at the Media Law Resource Center, which has given him insight into the legal aspects of the publishing and media industries. Contact Joe at staff@LawStreetMedia.com.

The post Lindsay Lohan Sues Fox News Over Cocaine Use Statement appeared first on Law Street.