Fox News accuses Tucker Carlson

After Tucker Carlson released the first episode of his new Twitter show, Fox News accused him of breach of contract.

Fox News strikes back

As Axios first reported, Fox News’ legal department notified Tucker Carlson’s lawyers that he was in breach of contract. Fox News has carefully continued Carlson’s stipend, which the contract obliges them to pay until 2025. In return, the contract, according to Fox, has a non-compete clause that stops Tucker Carlson from releasing content to any platform other than Fox News.

But Tucker Carlson released his first episode anyway:

Apparently undaunted, Tucker Carlson released another episode yesterday evening at 6:00 p.m. EDT:

Axios also excerpted a letter that Fox’ General Counsel, Bernard Gugar, sent to Carlson’s legal team. Generally, before one party sues another, he/she/it first demands something of the other in writing. This letter is that written notice that Fox News will sue if the conduct continues. Axios released these excerpts, in what is probably their order of appearance in the original text:

This evening we were made aware of Mr. Tucker Carlson’s appearance on Twitter in a video that lasted over 10 minutes….

Pursuant to the terms of the Agreement, Mr. Carlson’s ‘services shall be completely exclusive to Fox…. [Mr. Carlson is] prohibited from rendering services of any type whatsoever, whether ‘over the internet via streaming or similar distribution, or other digital distribution whether now known or hereafter devised….

In connection with such breach and pursuant to the Agreement, Fox expressly reserves all rights and remedies which are available to it at law or equity.

Bryan Freedman, lead counsel for Carlson, sent back this reply, according to NBC News:

Fox defends its very existence on freedom of speech grounds. Now they want to take Tucker Carlson’s right to speak freely away from him because he took to social media to share his thoughts on current events.

Fox News abruptly canceled all future appearances by Carlson in April 2023. Contrary to rumors that Fox would refuse him severance, Fox kept paying his customary contractual stipend. On April 28, Carlson took to Twitter in a brief video hinting at future plans to return to the air. Later, leaks began to appear of video snippets in which Tucker Carlson criticized people at Fox. This included this scathing – but corroborated by user reviews – critique of the Fox Nation mobile app.

Prior history

Tucker Carlson appears to be in no mood to negotiate an amicable settlement with Fox News. He has reason – in the form of a whisper to him by a Fox board member – that Fox intends to shut him up through the 2024 election cycle.

Allegedly Fox is doing this as part of its settlement with Dominion Voting Services. (Both Fox and Dominion continue to deny this.) That, Carlson will not permit, according to those who know him.

Now each side is accusing the other of breach of contract. Furthermore, Axios says Freedman and his colleagues intend to argue that Twitter is not a direct competitor to Fox. Therefore, the contractual non-compete obligation should not apply. But recall Fox’ position: that Carlson may not “render… services of any type whatsoever” to any distribution channel. That letter, or at least the excerpts Axios has released, says nothing about whether these other channels compete directly with Fox or not.

Regardless, Carlson’s tactics amount to open defiance, in keeping with a position he has already taken that Fox breached the contract first. His strategy would appear to be to defy Fox to sue him. Hearings on the inevitable motion for a Temporary Restraining Order would surely create a sensation.

The second episode

The second episode lasts for more than twelve and a half minutes. In it Tucker aimed his fire squarely at the political left for following a script aimed at totalitarianism. He concentrated on the campaign to change “taboos,” eliminating the old, and imposing new ones. These new ones appear to derive from Critical Theory, to accuse discrimination against whites, especially white males. (Unless they “transition,” as Will “Lia” Thomas did.) His most sensational accusation is that the elites are normalizing pedophilia – and he had video clips to prove it. And for everything he said, one can find ample corroboration. He ends by urging: “Cling to your taboos, as if your life depends on it.”

Meanwhile, Christopher Price at Red Right Patriot scathingly suggested that Fox News made itself “the next Bud Light.” Mr. Price quoted this thread by Charlie Kirk at Turning Point USA, who noticed a salient pattern.