a self-titled news organization is somehow not responsible for the factuality of its content..... htf does it qualify as news, then?
I read part of their brief. Their argument is that the
allegations being made by Trump and his surrogates were of legitimate public interest. And of course, the mainstream press reported on many of those allegations as well.
The problem for Fox News wasn't that they were merely reporting what they said. It's that they first gave them a platform to say it, then went about agreeing with them and endorsing every last batshit thing they said.
That last fact is why I don't think the 1A will shield them from liability here.
Their brief is suggesting that Fox News was just reporting things like any other news organization, when in fact they were actively complicit in spreading false propaganda about the election.