Sure, there are all kinds of reasons the lawyers might not have wanted to pursue a defamation claim. But without Foley telling us what they were, it’s just speculation. I’d damn sure check out all of the following possibilities if he walked into my office, but I’d also make sure that he understood precisely why a lawsuit would be a bad idea, if that were the case.
As explained above, I don’t think a “content-editing waiver” would stop a suit. Courts construe waivers of liability very narrowly, and I doubt the form would have said anything about “ABC can take your spoken words and apply them to anything we feel like.” Hell, if that were the case, they could take Foley saying “Yeah!” to some random question and use it in response to “Did you kill Nicole Simpson?” Even if it did say so, spoke- was right that waivers of liability for intentional torts would be very tough to enforce, for policy reasons.
I doubt very much that WWF’s lawsuit against PTC has anything to do with the decision not to sue 20/20. First, they’re separate entities, so it’s hard to see how a suit against one would affect the other. Besides, it’s usually in a plaintiff’s interests to sue as many defendants and for as many claims as possible.
(Incidentally, news organizations are generally not liable for repeating newsworthy defamatory accusations made by someone else, so neither Foley nor WWF would be able to tag ABC for repeating any defamatory things that PTC said.)
I suppose it’s possible that the contract between Foley and WWF gives WWF the right to control Foley’s publicity, much like the “Survivor” cast memmbers signed over their own rights to publicity to Mark Burnet. But that still wouldn’t explain why Foley’s lawyers told explained the decision in terms of being able to do nothing about the industry practice. Nor does it explain why WWF isn’t suing ABC, if they “own” Foley’s right of publicity.
Pretty much the only legal reason I can think of why Foley might not be able to sue the shit out of ABC for their shennanigans is that he might not have a reputation capable of being damaged. Defamation damages are for injury to a person’s reputation, and it’s a principle of defamation law that if the “victim” has no reputation worth saving, there’s no harm done in piling on more crap, even if it’s false. So feel free to slander Charles Manson all you want. However, that’s really only reserved for the worst kinds of plaintiffs, and I seriously doubt Mick Foley qualifies. I suppose the quotation switcheroo might not be injurious if he’s gone on the record elsewhere approving of unsupervised 12-year-olds smacking each other over the head with light bulbs, but that’s also a stretch.
Basically, though, I’d love to know what the real reason is why they told him not to sue. It darned sure isn’t because 20/20 is privileged to misattribute quotations in the way Foley says they did.