Free Speech

Eugene Volokh | 12.5.2024 2:55 PM

From Judge Abrams' opinion Monday in Eckhart v. Fox News Network, LLC (S.D.N.Y.):

Defendants Fox News Network, LLC and Ed Henry filed motions for summary judgment in this action. Plaintiff Jennifer Eckhart and both Defendants then filed letters requesting leave to seal or redact certain portions of Defendants' motion papers, including (1) information that named or identified third-party women who allegedly had sexual or romantic relationships with Henry, (2) a full declaration submitted by one such woman, "Jane Doe 1," (3) identifying information of third-party Fox News employees who were involved in complaints and internal investigations, (4) email addresses and phone numbers of non-parties, (5) Fox News' confidential business information, including Henry's compensation and the size of certain business expenditures, (6) sexually explicit messages between Eckhart and Henry, and (7) sexually explicit photographs sent by Eckhart to Henry. The parties generally agreed that the first five categories of information should be sealed or redacted, but dispute whether the latter two should as well.

For the reasons that follow, the Court grants the motions to seal or redact these materials except (2) the full declaration of Jane Doe 1 and (6) the explicit messages between Eckhart and Henry. While the (7) explicit photographs will remain sealed, the Court will unseal the verbal descriptions of the photographs provided in Defendants' motions….

Eckhart accuses Henry of sexual harassment, sexual assault, sex trafficking, and rape. She alleges that the two met while employed at Fox News, at which point Henry pursued her, sent her unsolicited and inappropriate text messages, and manipulated her into having a sexual and often violent relationship with him. In one central incident in February 2017, Eckhart says that Henry lured her to a hotel room under the guise of giving her career advice but proceeded to handcuff and rape her. Eckhart also alleges that Fox News, their employer, knew of and facilitated Henry's misconduct by failing to discipline Henry after other employees submitted complaints against him and by retaliating against Eckhart when she sought to hold Henry and Fox News accountable for their conduct. Defendants contest these allegations against them.

The parties have now completed discovery and both Defendants have filed motions for summary judgment. Henry's motion principally argues that Eckhart consented to the disputed sexual activity. Fox News' motion asserts that it did not know about or condone........

© Reason.com