Ultimately, the two warring parties made peace and Fox won carriage, but not before a judge and an appeals panel both ruled against the city's plan. In granting Time Warner a temporary injunction, a federal district court judge issued a harsh rebuke to the Giuliani administration, saying the city had repeatedly shifted the legal justifications for its stand, indicating that "the City does not believe its own positions." The judge further wrote, "The City's purpose in acting to compel Time Warner to give Fox one of its commercial channels was to reward a friend... The very fact that the City chose Fox News out of all other news programs -- not to mention the significant number of other programs which have been denied space on Time Warner's commercial network -- is by itself substantial evidence that the City chose Fox News based on its content."
Lobbying: Giuliani's connections to News Corp. extend to his law and lobbying firm, Bracewell & Giuliani. Giuliani announced his partnership in the firm previously known as Bracewell & Patterson in March 2005. Beginning the next month, according to congressional lobbying disclosure records, the firm billed News Corp. and DirecTV, which was then a subsidiary of News Corp., for $120,000 in federal lobbying during 2005. The firm represented News Corp. on issues including regulations on violent and indecent programming and the potential re-write of the 1996 Telecommunications Act. In the years prior to Giuliani joining the firm, congressional records do not show any lobbying work performed for News Corp.
Airtime: Earlier this year, a study by the political journal Hotline found that Giuliani had been interviewed on Fox News during the first 196 days of 2007 for a total of 115 minutes, more than any other presidential contender, and 14 minutes more than the runner-up, the then-undeclared Fred Thompson.
Sean Hannity: In Fox's defense, the bulk of the time Giuliani was on the network he was talking to Sean Hannity, the Long Island-bred cohost of "Hannity & Colmes." And no wonder -- though Hannity claims not to be supporting a candidate (a denial he was forced to make when Ariz. Sen. John McCain accused him on-air, albeit obliquely, of supporting Giuliani), he flew to Ohio to introduce the former mayor at a campaign fundraiser in August. When a New York Times reporter asked a Fox spokeswoman about the Hotline figures, she responded that Hannity makes his own booking decisions. Hannity has also handled post-debate anchor duties for all three Fox GOP debates held to date.
Cease-and-desist: In October, Fox lawyers sent a cease and desist letter to John McCain's campaign after he included footage from Fox's October 21 Orlando debate in a TV commercial. The ad featured a McCain quip aimed at Senator Clinton's push for a so-called "Woodstock museum." The letter demanded McCain pull the ad and remove footage of the debate from his Web site, according to Talking Points Memo.
However, similar letters were not sent to two other GOP presidential hopefuls who were also using footage from the Fox debate -- Rudy Giuliani and Mitt Romney. After initial reports showed that only McCain had been sent such an order, a Fox spokesperson told the New York Times, "Our legal team has been alerted and there will be cease and desist orders." Letters were sent to both the Romney and Giuliani campaigns, but they are apparently not being heeded. Giuliani's Web site still makes liberal use of Fox footage, including one clip added at least a week after the date of the cease and desist letter. Romney's site also continues to feature material from the debate.
Steve Forbes: Himself a former Republican presidential candidate, the magazine magnate is now a national co-chair and senior policy advisor with the Giuliani campaign. He's also, in the words of a Giuliani campaign press release, "a frequent business commentator for Fox News Channel's 'Forbes on Fox.'" Though that show is actually hosted by a Fox News employee, David Asman, its guests come from the editorial staff of Forbes Magazine. Steve Forbes is both the editor-in-chief of Forbes Magazine and the president and CEO of its publisher, Forbes, Inc.
About the writer
Alex Koppelman is a staff writer for Salon.
Erin Renzas is an editorial intern at Salon.
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