Late-Night TV may never be the same.
HBO’s John Oliver, host of “Last Week Tonight,” is facing a new defamation lawsuit from health care executive Dr. Brian Morley who claims the comedian slurred him “for ratings and profits.”
In an April 2024 telecast, Oliver played an alleged audio clip of Morley at an administrative hearing saying, “People have bowel movements every day where they don’t completely clean themselves and we don’t fuss over [them] too much. People are allowed to be dirty … You know, I would allow him to be a little dirty for a couple of days.”
Oliver’s immediate on-air response: “F*** that doctor with a rusty canoe! I hope he gets tetanus of the balls.”
Morley’s lawyer claims the recording was altered by the program.
Suing comedians for telling the wrong jokes seems an uphill legal battle at best. The First Amendment allows for plenty of creative embellishments, although Oliver’s comments proved highly specific and potentially damaging to the doctor’s reputation.
The courts will have the final say on the matter.
Should Dr. Morley emerge victorious it could have a much larger impact. Yes, “Last Week Tonight” would take a sizable hit, but consider the big picture.
What if other satirical comics have to watch what they say moving forward? Will they require fact-checkers on set? Should Stephen Colbert run his anti-Republican rants by CBS Legal before hitting the stage each night?
Comedians have considerable leeway when it comes to political satire as opposed to everyday citizens. Those wide guardrails matter, allowing for satirists to skewer elected officials without fear of political ramifications.
How far is too far, though? Thanks to the sorry state of modern late night TV, the question matters more than ever.
Scott Kowalchyk/CBS via Getty Images
The hosts in question, however, bend the truth so regularly it’s often unrecognizable. It’s not a bug but a feature. Yes, Legacy Media outlets warp reality in damning ways, too. The list of Fake News narratives continues to grow in the Age of Trump.
Colbert and co. often walk in lockstep with their journalist pals.
Look no further than the Russian Collusion Hoax™. Yes, the media fed that narrative beast for far too long, but late-night hosts parroted even the most extreme collusion talking points while assuming they had the goods on President Donald Trump.
They didn’t.
CBS’s Colbert hit the lowest low when he called President Donald Trump Vladimir Putin’s BLEEP holster. in one incendiary monologue. He also played up the Fake News story known to many as the Trump “pee-pee tape.”
The litigious world leader could have had something to say about that.
Colbert and fellow far-Left host Jimmy Kimmel also defended President Joe Biden from accusations, later confirmed, that he was suffering from dementia-like conditions during the 2024 presidential campaign. Both comedians had seen Biden up close during separate fundraising events.
They must have witnessed his diminished state firsthand. They didn’t share what they saw with their audiences, and Kimmel took that a step further. He used his “Jimmy Kimmel Live” bully pulpit to call anyone who said Biden froze up during his fundraising effort a liar.
The projection was strong that night.
Other hosts have taken the media’s warped baton and run with it. Take the host of NBC’s “Late Night with Seth Meyers.” The “Saturday Night Live” alum skewered President Trump in 2017 for gutting the “Meals on Wheels” program.
Meyers also played down the rampant violence spreading in Portland in 2020, as did some press outlets, in ways that felt like propaganda, not satire. And he wasn’t alone.
Lloyd Bishop/NBC via Getty Images
Oliver also downplayed the ongoing violence swirling around parts of Portland, serving up this epic distortion.
“Protests had been mostly peaceful there… it’s about one block that was actually starting to see fewer confrontations between protesters and police before federal agents moved in.”
Fake News? It’s beyond debate. But is it worth suing over? That’s where the conversation gets sticky.
What about late-night alum Amber Ruffin? She briefly hosted an ill-fated talk show on Peacock and has written for “Late Night with Seth Meyers.” Ruffin recently cited the serially debunked “Very Fine People” hoax anew during a late-night chat to smite President Trump.
Said hoax claims Trump praised Neo Nazis following a 2017 Charlottesville rally which left one woman dead. The lie proved so brazen even Snopes called it out (albeit several years after the lie gained cultural ground).
It’s not just late-night comedy, of course. Comedians use their considerable platforms to spread lies that could be seen as libelous.
Take Bill Burr, who insinuated Kyle Rittenhouse was a White Supremacist during his Netflix special “Bill Burr Presents: Friends Who Kill.”
Michael S. Schwartz/Getty Images
Rittenhouse shot three people, killing two and injuring one during a 2020 fracas tied to the BLM protests. A court of law found him innocent, agreeing with his self-defense explanation. Elements of the press and the Left insisted his actions were racist, even though his victims were white and they couldn’t pin any racially-charged comments to the young man.
Burr picked up that false narrative, saying Rittenhouse was a White Supremacist.
“You gotta drop me off like two blocks away so my other racist friends don’t see my mommy drove me,” he cracked in the special, channeling Rittenhouse.
Comedians have more leeway when it comes to politicians, but no one elected Rittenhouse to elected office.
There’s a better solution here, one that doesn’t require legal challenges for First Amendment squabbles. A healthy, robust press would let viewers know that much of what’s said on late-night TV just isn’t true.
Journalists routinely regurgitate late-night jokes. They do the same with “Saturday Night Live” skits. That’s all well and good, but that practice is hollow if it doesn’t include fact checking when appropriate.
If comedians knew they’ve be held accountable for twisting the truth into so many pretzels, they might crack smarter gags that actually speak truth to power.
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Christian Toto is an award-winning journalist, movie critic and editor of HollywoodInToto.com. He previously served as associate editor with Breitbart News’ Big Hollywood. Follow him at HollywoodInToto.com.
The views expressed in this piece are those of the author and do not necessarily represent those of The Daily Wire.
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