Comments on MoveOn.org's "Fair and Balanced" suit

There is activity at the moment by MoveOn.org and the Independent Media Institute to challenge Fox News' use of the phrase "fair and balanced". A lot of this may just be marketing fluff to support the Outfoxed documentary. I am surprised, though, at how many people are very disapproving of the move. Today's complaint:

Notes from the Legal Underground: Frivolous & Bollixed

You should also read that article for the rest of its contents. While I wasn't a fan of the current action by MoveOn being referred to as "whiny", I was quite entertained by the collection of amusing newspaper self-descriptions. My favorite, for sheer "huh?" value, was: "The Gimlet -- It Bores In. (Brownsville, Ky.) Edmonson News".

Anyway, I'm really not opposed to the IMI action. Perhaps it's a waste of money, and perhaps there isn't a legal precedent, but it seems wrong to me that Fox News continues to describe themselves as "fair and balanced". And sure, maybe it's not the FTC's business to regulate that sort of thing, but clearly there have to be some limits. For example, I doubt Fox News could describe themselves as "Fair, unlike CNN". They couldn't get away with that. How about "The only fair and balanced news network"? That's a little less direct but has the same implications. Could they get away with that? Who could stop them and under what grounds? Libel suits based on implications regarding the other networks? Such a tactic would not extend to Fox News' current byline, since it's a real stretch to say they're implying other news organizations are not fair or balanced. How about laws against false advertising? I guess those are just too specific, but I'm not familiar with them.

I don't know. But I would be a happier person if something were done.