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.
In short, it would blow the doors off ACORN’s vault of secrets. Fox would learn which organizations collaborate with ACORN, how they spend taxpayer money and what ACORN’s leaders say to each other behind closed doors. It would be a treasure trove for a media organization.
ACORN’s Threat of Lawsuits Could Backfire