Fox Sends ‘Cease and Desist’ to Tucker on Eve of Major Trump Defense Episode.
(thenationalpulse.com)
IT'S AFRAID!
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They are still paying him.
It's not an NDA, it's a noncompete clause. It's about exclusivity.
He is still under contract.
Yes but: IF ( and that's a big IF) Fox allowed him to post on social media, then Fox loses. Twitter is a social media company (for now and at the time of the contract). IF Tucker went on CNN, or MSLSD, or a TV network, he'd be violating the NDA and probably the employment contract. Again, the courts can't fix a bad contract. If Fox didn't specify that Tucker can't do POD casts, or post on social media, then Fox loses.
But it is a show. And Tucker has called it a show.
https://youtu.be/2EpiMY1tEY4
So I don't think it's that cut and dry.
Well, that is a problem. It "could be" argued that with no advertisers, it's not a commercial "show." I can call my cat a tree, but that doesn't make it so.
I guess that's why we have lawyers and courts.
and you're right, we're intermixing NDA with noncompete. What we're all actually talking about is actually a noncompete.
You are 100% correct, but that covenant is broken when the Contracting party acts in bad faith.
Barney style:
Fox agrees to pay Tucker for exclusive rights to his talent/‘services’.
Fox now refuses to allow Tucker to perform his services, but still pays him. That is acting in ‘bad faith’.
Tucker is a ‘high profile personality’ whose monetary value is tied to his ‘popularity’ (people know and follow). ‘Popularity’ requires maintainence.
Given the nature of his work, those people generally requires almost constant exposure to the public in the form of his ‘entertainment’ (commentary/journalism).
Bad Faith.
I'm no lawyer, but I don't think contract law goes like that
Fox has 2 choices. They can fire him and stop paying him. Or they don't. If he actually breaches the contract then he doesn't get paid. There isn't a scenario where they can take away his free speech. He's worth north of $400 million. I don't think he gives a fuck what they do. He's not going to stop.
I agree. I think you are right. We know they are threatening a lawsuit but I don't think a civil action cancels your 1st amendment right. They act like he committed a crime. It's not. So what if he broke the non-compete clause. So sue him. Otherwise, stfu Faux news.
OK … Im listening …