Maybe because O'Reilly clearly remembers this case:
The Monsanto/Fox News issue, detailed in the movie The Corporation ruled as such:
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This latest decision stems from a case filed in 1998 by former Fox journalists Akre and Wilson who charged they were pressured to broadcast what they knew and documented to be lies about an artificial hormone injected into dairy cows, then fired when they refused and threatened to report the matter to the Federal Communications Commission.
After a five-week trial in 2000, a jury decided unanimously that Akre was fired solely because she threatened to blow the whistle to the FCC the broadcast of a false, distorted or slanted news report. The panel that found in Akre's favor awarded nothing to Wilson who represented himself at trial.
The Fox appeal was largely on an argument that it is not technically illegal for a broadcaster to deliberately distort the news on television. The appellate justices reasoned that since state law provides whistleblower protection only for employees who object to misconduct which is against an "adopted law, rule, or regulation" and they decided prohibitions against news distortion are merely a "policy" of the FCC, the reporters' eight-year-old lawsuit must have been without merit from its inception.
"The appellate judges were wrong to overturn the jury on the notion that it's not illegal for a broadcaster to lie in a television news report," Akre said.
"And what's even more shameful is that a broadcaster would argue that the First Amendment is broad enough to protect outright lies and deliberate distortion," Wilson added. "Remember this case the next time you hear `fair and balanced,' or `we report, you decide'."
In her ruling yesterday, Judge Maye noted, "Three different trial court judges believed this case had legal merit." Six times before Fox appealed its loss, those judges rejected that very same argument, deciding prohibitions against deliberate distortion of the news on the public airwaves was more than a mere violation of government policy.
Reading from the Jury Verdict Form, she also noted that six disinterested jurors decided Fox fired Akre for no other reason than her objection to airing a report the jurors agreed was "false, distorted, or slanted."
http://www.organicconsumers.org/rbgh/fox-news.cfm