- Fox News would likely prevail in a lawsuit against Carlson, says employment lawyer Peter Rahbar.
- Fox News earlier sent a cease-and-desist letter to Carlson over his new Twitter show, per Axios.
Tucker Carlson has defied Fox News' cease-and-desist letter, an attempt to block him from hosting more episodes of his new Twitter show. But this move from Carlson may have serious consequences: An employment lawyer Insider spoke to believes that the media giant would win if it takes the host to court.
"Given his unique talent, the resulting damages to Fox, and the repeated notice provided to Tucker of his potential (and now actual) breach, Fox would have a high likelihood of success in a breach of contract lawsuit," employment lawyer Peter Rahbar told Insider.
The fact that Twitter does not have any contractual streaming agreement with Carlson also means that he "is putting himself, and his own bank account, on the line" by broadcasting on Twitter, Rahbar added.
After the first episode of Carlson's new show went live on Twitter on Jun 6, Carlson's legal team was notified that the host had breached his contract with his new streaming gig, per an Axios report published on June 8.
Fox News then followed up with a cease-and-desist letter over the same show, Axios later reported on June 12.
Carlson appears to be unfazed by the recent developments, opting instead to continue to release new episodes of his show on Twitter. His latest episode, which aired on Tuesday, has been viewed more than 78 million times as of press time. The three episodes that he has released, at press time, have netted more than 252 million views since they were uploaded.
Carlson's pivot to becoming a Twitter content creator came after his abrupt departure from Fox News. The former anchor was ousted less than a week after Fox News reached a $787 million settlement with Dominion Voting Systems.
As part of his contract, Fox News has exclusive access to Carlson's content, effectively barring him from appearing on other platforms until the end of 2024.
Carlson's attorneys, meanwhile, have argued that Fox News is trying to take the host's "right to speak freely away from him", per a statement the team gave to Axios.
"Although I have not seen the actual contract, the language quoted from Fox's letter to Tucker would prohibit a Twitter broadcast through the original expiration date of the contract," Rahbar told Insider. "It has nothing to do with 'free speech,' as cited by his lawyer."
Rahbar, who has over 20 years of experience working on high-profile employment disputes, says Fox News also has plenty to lose if Carlson somehow prevails in a legal battle against it.
"Tucker's contract is likely very similar to the ones Fox has entered into with all their talent," said Rahbar. "Thus, if Tucker prevails in this situation, Fox's contracts with other talents will be put at immediate risk – the roadmap will be there for other talents to walk out the door."
Carlson's legal representatives and Fox News did not immediately respond to a request for comment from Insider.