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It really isn't. The judge decided that Tucker wasn't defaming anyone because:LMAO... That is a mischaracterization of what was said...
This “general tenor” of the show should then inform a viewer that he is not “stating actual facts” about the topics he discusses and is instead engaging in “exaggeration” and “non-literal commentary.”.... Fox persuasively argues, see Def Br. at 13-15, that given Mr. Carlson’s reputation, any reasonable viewer “arrive with an appropriate amount of skepticism” about the statements he makes.
And keep in mind, during the segment in question, he explicitly said "Remember the facts."
This wasn't limited to the segment in question, either. The court basically cut Carlson slack on a defamation case because his own attorneys successfully argued that even when Carlson claims to be stating facts, he's engaging in such extreme hyperbole that he isn't really stating facts; instead, he is bloviating in order to influence public debate.
Pyrrhic victory. Look it up.