Carnahan campaign asks that proceedings in Fox News lawsuit be expedited

Noting the chilling effect it could have on getting "accurate and truthful information" to Missouri voters, the Robin Carnahan for Senate campaign today filed a motion asking a federal judge to expedite proceedings in the lawsuit filed against the campaign by Fox News Channel and newsman Chris Wallace.

Fox and Wallace claim the Carnahan campaign infringed on a copyrighted 2006 Fox News Sunday interview in which Wallace noted that Roy Blunt, Carnahan's opponent in the Senate race, had slipped wording into the Homeland Security Bill that benefited the tobacco industry. Wallace noted that Blunt was dating a tobacco lobbyist at the time. Wallace also grilled Blunt about his connection to disgraced lobbyist Jack Abramoff.

From the motion:

The present lawsuit appears to be one of the very few times that a television network has sued a political candidate challenging the fair use of an interview of another candidate. Because the lawsuit threatens to interrupt the free flow of information to Missouri' s electorate, and potentially impact a Senate election, Carnahan respectfully requests that the Court expedite the case.

The motion continues:

Good cause is present here in that Carnahan will suffer irreparable injury as a result of a delay in these proceedings. Fox's lawsuit has caused the campaign to devote time and resources on unnecessary litigation, interfered with Carnahan' s ability to communicate with Missouri voters, and created substantial uncertainty with Missouri broadcasters regarding whether they should air the ad. It would be a hollow victory if Carnahan's use of the interview clip is subsequently vindicated as a fair use by this Court, but not until sometime after the election. And there is a clear and demonstrable public interest in resolving the narrow legal issues presented by the Complaint as soon as possible.

The motion was filed by attorney Matthew Braunel of Thompson Coburn.

In his response, also filed today, Bernard Rhodes of Lathrop & Gage, says the lawsuit has not had any chilling effect at all on the Carnahan campaign:

While Defendant claims that this lawsuit has had a “chilling effect” on its “dissemination of accurate and truthful political information” (Defendant’s Suggestions in Support of Motion (“Def. Suggs.”) p. 1), the fact is that Defendant is continuing to display the offending campaign advertisement on its website, and
has defiantly announced that it will continue to air the advertisement on television.