The 2nd Circuit reverses a federal judge's ruling with a provocative opinion that concludes Joel and Mary Rich can indeed sue for intentional infliction of emotional distress over how Fox News covered the murder of their son.
In a rather stunning turn of events, the 2nd Circuit Court of Appeals has revived a lawsuit brought by the parents of slain Democratic National Committee staffer Seth Rich against Fox News. On Friday, the federal appeals court rejected the cable news outlet's First Amendment arguments with a provocative opinion that suggests media companies can get in trouble for inflicting emotional distress.
Rich was fatally shot in July 2016 in what police said was a mugging. Afterwards, conspiracy theorists suggested that Rich's death may have resulted from him supposedly having leaked DNC emails to WikiLeaks.
The Rich connection blew up in May 2017 when Fox News ran a story about Rich based on the family's hired investigator, Rod Wheeler, who supposedly had a source at the FBI saying emails were sent by Rich to WikiLeaks. After the story came out, the Rich family issued a statement condemning the article. Fox News retracted the article and promised an investigation but never apologized.
In their lawsuit, the Riches say they experienced post-traumatic stress disorder because of the reports and attempted to hold the network, its reporter Malia Zimmerman and contributor Ed Butowsky liable for intentional infliction of emotional distress , tortious interference with the Riches' contract with Wheeler, and negligent supervision.
Now, 2nd Circuit Court Judge Guido Calabresi, writing for a three-judge panel, concludes this decision was in error and gives media lawyers much to think about.
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