If ACORN sues, it would have to sue alleging some variation of defamation or fraud. The problem is that for either allegation, truth is an absolute defense. Nothing could be more relevant to Fox establishing its defense of truth in the lawsuit than having access to ACORN’s office memos, emails, phone records, and bank statements. All of these would have a reasonable chance of providing evidence as to whether ACORN workers had knowledge of any of the topics seen on the videotapes.I'm not a judge or a lawyer but wouldn't FOX have to convince a judge that there was a general policy of helping pimps set up underage brothels to go after all the records of ACORN?
So ACORN’s legal actions would be its undoing. The resulting exposure would explode into a national story that even sympathetic media outlets could no longer ignore, bedeviling ACORN’s allies at SEIU and even dragging top advisers to President Barack Obama into humiliating legal proceedings.Methinks the conservative pundit doth protest too much. It is entirely possible that a ACORN/FOX legal struggle could be very bad for both organizations, because some very simple questions would have to be settled. How many times did the pimp and his ho (Doug Giles's daughter, it turns out) try this scheme and fail? ACORN says they did several times; FOX and the Pimp and Ho says they hit paydirt everytime they tried it. What is shown on the unedited videos? Surely they aren't going to want to show that. So it seems both organizations have something to lose.