Tuesday, June 27, 2023

Q2 ratings are in, the WHCA condemns attacks against Sabrina Siddiqui, the DOJ's watchdog dispels Jeffrey Epstein conspiracy theories, a top TikTok lawyer accuses the press of peddling "disinformation" about the company, "Wheel of Fortune" names Ryan Seacrest its next host, and so much more. But first, the A1.

THE A1

The Supreme Smackdown

CNN Photo Illustration/Elizabeth Frantz/Reuters

The radical election legal theories that make their way to millions through the right-wing media pipeline keep getting smacked down by the court system.

The Supreme Court on Tuesday dismantled a widely-panned fringe legal theory backed by supporters of Donald Trump that would have upended how federal elections are conducted. The court ruled 6-3, with Chief Justice John Roberts writing the majority opinion, joined by the liberal justices and notably the Trump-nominated Amy Coney Barrett and Brett Kavanaugh.

The obscure legal argument, dubbed the independent state legislature theory, had been boosted by Trump supporters and allies in right-wing media following the former president's 2020 election loss as an alternative version of legal reality that would give partisan state lawmakers the authority to overturn the election.

"This ruling is a resounding rejection of the far-right theory that has been peddled by election deniers and extremists seeking to undermine our democracy," former President Barack Obama commented in a statement after the decision came down.

It was just the latest challenge emanating from the far-right that has made its way through the court system in a throw everything-but-the-kitchen-sink legal strategy, only to be rebuked in grand fashion by the judiciary branch. When Trump challenged the results of the 2020 election, dozens of cases brought by his campaign failed to pass muster around the country when presented before judges, including those that he had nominated to the bench.

But while these legal theories have been dismissed by the courts and the broader legal community, they have gained footing in the right-wing media echo chamber, which is enveloped in coverage designed to excite and appease MAGA fans.

In that world, facts and a conventional understanding of law take a back seat to the desires of an audience desperately seeking coverage that throws the legitimacy of the 2020 election into doubt. Those who peddle the fantastical rhetoric that validates those absurd views are rewarded, not punished. Those who speak the truth are shunned.

Which is why, perhaps, the outlets that make up the ecosystem did not offer much coverage of the Supreme Court's decision Tuesday, in stark contrast to how legitimate news organizations delivered robust reporting. While the court decision was treated by reputable newsrooms as a major story, right-wing outlets like Fox News provided scant mention of it.

To be certain, the high court's decision ends a major avenue that election deniers had hoped to exploit ahead of the 2024 election, but Democracy still can not fully breathe a sigh of relief. Fanned by the flames of misinformation, conspiracy theorists and proponents of Trump's election fraud lies will continue to turn courtrooms into battlegrounds in key states around the country.

Rick Hasen, the University of California, Los Angeles, professor and election law expert, put it aptly Tuesday.

"So yes, a victory against extremism but not a real victory. The 'independent state legislature theory' is 'dead?' If only."

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Standing Up for Sabrina: The White House Correspondents' Association on Tuesday joined the White House to condemn attacks on The WSJ's Sabrina Siddiqui after she was the lone U.S. reporter to question India Prime Minister Narendra Modi at a press conference last week. The harassment has come not only from trolls online, but from officials belonging to Modi's Bharatiya Janata Party. "She represented the White House press corps incredibly well and asked the questions that many of us had at the top of our lists. Unfortunately since then she has been subjected to intense online harassment, including from people with ties to the prime minister's political party, questioning her motives, her religion and her heritage," the WHCA said. "This is unacceptable. The WHCA stands by Sabrina and the questions she chose to ask. In a democracy, journalists shouldn't be targeted simply for doing their jobs and asking questions that need to be asked."

THE BUSINESS

Ratings Scorecard: Q2 ratings dropped on Tuesday — and they again showed a year-over-year decline for CNN and Fox News, while revealing gains for MSNBC and Newsmax. Over at Fox News, the right-wing talk channel continued to suffer as viewers rebel against the network for firing Tucker Carlson. In prime time, the network was down 25% from 2022 in total viewers (1.69M) and a staggering 48% in the demo (140k). In Chris Licht's final quarter as CNN boss, the network also saw declines, falling 14% in prime time from the year before in total viewers (573k) and 19% in the demo (126K). Meanwhile, MSNBC, which has capitalized off Licht's poorly rated programming, gained 12% from 2022 in total prime time viewers (1.26M) and 15% in the demo (139K). Newsmax, gained from Fox News' pains, up 51% in prime time total viewers (247K) and 17% in the demo (26K). TVNewser's A.J. Katz has the full breakdown.

IN THE INDUSTRY

Lawyers for Prince Harry started delivering their closing statements in the lawsuit against Mirror Group Newspapers. (NYT)
"Austin Russell, the 28-year-old entrepreneur who says he has struck a deal to buy 82% of Forbes, is working to pull more American dollars into his takeover bid ahead of a Nov. 1 deadline to close the deal," Sara Fischer reports. (Axios)
Paramount Global announced that its fully integrated streaming platform, the Paramount+ with Showtime tier, will cost $11.99 per month. The company also hiked the price of its ad-supported option by a dollar to $5.99 a month. (The Verge)
National Cinemedia's bankruptcy plan has been confirmed by a judge and it will emerge from bankruptcy later this year. (Reuters)
The CW's program planning chief will depart the company as Nexstar's grip over the company becomes more firm. (THR)
Dee Forbes, director general of Irish broadcaster RTÉ, resigned after the discovery of undisclosed payments to presenter Ryan Tubridy. (BBC)

MEDIA MOVES

CNN promoted David Culver to senior national correspondent and Eva McKend to correspondent. (CNN/CNN)
ABC News upped Molly Shaker to executive producer of special events. (ABC)
The NYT promoted Tahirah Burley to deputy director for newsroom operations and hired Nicole Acheampong as a digital editor for T magazine. (NYT/NYT)
LAist tapped Jason Wells as a managing editor. (Twitter)
The Wrap appointed Edward Menicheschi president and chief operating officer. (The Wrap)

THE INFO WARS

CNN Photo Illustration/New York State/Reuters

Countering the Conspiracies: The Justice Department's watchdog dispelled conspiracy theories about the death of Jeffrey Epstein in a 121-page report published Tuesday. The report, which blamed the Bureau of Prisons for failures that allowed Epstein to die by suicide, said it did not find evidence "that contradicted the FBI's determination regarding the absence of criminality in connection with how Epstein died." It added, "All (prison) staff members who were interviewed by the OIG said they did not know of any information suggesting that Epstein's cause of death was something other than suicide." In rebuking the Bureau of Prisons, the DOJ watchdog said that their failings were not only troubling because it led to his death, but also because they "led to numerous questions about the circumstances surrounding Epstein's death." CNN's Holmes Lybrand has more here.

IN THE BATTLEFIELD

Right-wing media is, to no one's surprise, dismissing the leaked Trump tape: Sean Hannity claimed its revelations "don't prove a thing." (MMFA)
Over on "Fox & Friends," Brian Kilmeade suggested the leaking of the tape could be to distract from Hunter Biden's recent plea deal. (MMFA)
NewsNation's Elizabeth Vargas declares that her Wednesday town hall with conspiracy theorist and anti-vaccine activist Robert F. Kennedy, Jr. is "not a town hall about vaccines." (The Hill)
Roseanne Barr said that she believes that "nobody died in the Holocaust." (Daily Beast)

THE VALLEY

CNN Photo Illustration/AP

TikTok's Tantrum: It appears TikTok is finding it difficult to weather some of the criticism it is facing. Forbes' Alexandra Levine reported Tuesday that a top lawyer at the company warned in a "privileged and confidential" document that TikTok is facing an "unprecedented negative media cycle that is substantially harming our corporate brand and reputation." The lawyer, Levine reported, went on to add that the "media cycle is at least partially the result of a disinformation campaign." Levine had more detail here.

TOO MANY TABS

TikTok is financing a lawsuit brought by creators against Montana's ban on the app, Sapna Maheshwari reports. (NYT)
"Google violated its promised standards when placing video ads on other websites, according to new research that raises questions about the transparency of the tech giant's online-ad business," Patience Haggin reports. (WSJ)
A Russian court fined Google roughly $47 million after it failed to pay a February 2022 fine over allegations it had abused its position as the dominant video hosting platform. (Reuters)
Meta announced parental controls for its Messenger app in the U.S., the U.K., and Canada in a bid to protect children from online abuse and bullying. (WaPo)
TikTok announced the introduction of a so-called youth council that will aim to foster a safer environment for kids online. (NBC News)
TikTok is shuttering BeReal clone TikTok Now. (The Verge)

CURTAIN CALL

CNN Photo Illustration/Eric McCandless/ABC/Getty Images

Spinning With Seacrest: It's official! Ryan Seacrest will take over next year when Pat Sajak takes his final spin as host of "Wheel of Fortune." The iconic television personality, who rose to fame on another competition show, "American Idol," has signed a multi-year agreement to serve as host. Seacrest, who said he is "truly humbled to be stepping into the footsteps" of Sajak, will also serve as a consulting producer on the show. "I can't wait to continue the tradition of spinning the wheel and working alongside the great Vanna White," Seacrest added. CNN's Alli Rosenbloom has more here.

OFF STAGE

Jennifer Lawrence, Meryl Streep, and more than 300 actors are saying they're ready to strike, in letter to SAG, Krystie Lee Yandoli reports. (Rolling Stone)
"The summer of stasis continues as Hollywood holds its breath and waits for the final word from SAG," Richard Rushfield writes. "The results will mark the kick-off of Phase II of the writers strike, for better or worse, depending on where you sit." (Ankler)
Despite mixed reviews, "Indiana Jones and the Dial of Destiny" is eyeing a $60 to $65 million domestic box office opening. (Deadline)
The trailer for the seventh and final season of Showtime's "Billions" dropped. (YouTube)
The season two debut of "The Bear" has become the most-watched premiere on Hulu since dropping on Thursday. (Variety)
The third season of Netflix's "The Witcher," starring Henry Cavill, will release in two parts this summer. (The Verge)
Matt Groening's "Futurama," which premiered in 1999 and endured a litany of cancelations, will return for an 11th season, its first in 10 years. (The Wrap)
Human remains found on California's Mt. Baldy have been identified as missing British actor Julian Sands, who vanished in January. (CNN)
James Gunn has identified his "Superman: Legacy" leads: David Corenswet and Rachel Brosnahan. (THR)

Thank you for reading! This newsletter was edited by Jon Passantino and produced with the assistance of Liam Reilly. Have feedback? Send us an email here. We will see you back in your inbox tomorrow.