They said that anyone watching their pundits, like Tucker Carlson, should know that's for entertainment. That was when Tucker and Fox were being sued for defamation. The lawyers said "reasonable" viewers who watch Tucker do so with "an appropriate amount of skepticism." On that, they requested the case be dismissed and said that Carlson's show is "opinion commentary" and "not reasonably understood to be factual."

"The intended accuracy of Carlson's show was what U.S. District Judge Mary Kay Vyskocil for the Southern District of New York pointed to in her decision.

"The Court concludes that the statements are rhetorical hyperbole and opinion commentary intended to frame a political debate, and, as such, are not actionable as defamation," Vyskocil's decision said."

So they never said the entire channel is entertainment, just the pundits like Carlson are.