Fox News frivolous law suit against Al Franken backfires

Wicked Pilot · Post by **Wicked Pilot** » 2003-08-20 08:20pm

It's not as much FOX News as it is FOX Commentary. I swear they have 24 hours a day yet I almost never see them genuinely go out and investigate. All you see on that channel is a few repeated headlines followed overwhelmingly by talking heads. I would prefer to see more 'Nightlines' than this cable news network crap.

Bob McDob · Post by **Bob McDob** » 2003-08-22 12:05am

Isn't O'Reilly the one who said everyone on the internet is a pedophile?

Post by **Vympel** » 2003-08-22 09:42am

Bob McDob wrote:Isn't O'Reilly the one who said everyone on the internet is a pedophile?

It sure sounds like him. He demanded regulation of the internet for exposing his bullshit for what it is (he lies and spins quite often, for example, his claim that he was not a conservative exploded in his face when it was revealed in 2000 he was a card-carrying Republican).

MKSheppard · Post by **MKSheppard** » 2003-08-22 12:54pm

AHHAHAHHAA

Lying Liar Franken Apologizes to Asscroft

Comedian Al Franken Apologizes to Ashcroft
Wednesday, August 20, 2003

WASHINGTON — Comedian and liberal activist Al Franken (search) has written an apology letter to Attorney General John Ashcroft after asking him for his personal story about remaining abstinent before marriage.

Franken, a satirist and former writer for "Saturday Night Live," admitted in a letter last month that he deliberately tried to mislead Ashcroft when he sought personal information from him.

"In the letter, I indicated that I wanted your story for a book about abstinence-only sex education entitled 'Savin' It!' I claimed that I had already received testimonies from several conservative leaders, which I had not," he wrote. Portions of the letter were published by Thesmokinggun.com.

"The letter was sent as part of a satirical book I'm working on, which will contain only one or two chapters dealing with abstinence-only sex education."

In June, Franken wrote to Ashcroft requesting his personal story, adding that he had already received testimonials from National Security Adviser Condoleezza Rice, Health and Human Services Secretary Tommy Thompson and values guru William J. Bennett, among others.

In encouraging Ashcroft to submit his story, Franken asked the attorney general to reveal honest and personal details about his younger days.

"Don't be afraid to share a moment when you were tempted to have sex, but were able to overcome your urges through willpower and strength of character. Be funny!" Franken wrote. "Did a young woman every think you were homosexual just because you wouldn't have sex with her? Be serious! Were you ever taunted and made to feel bad or 'uncool' because of your choice? But most of all, be real. Kids can sense a phony a mile away."

Franken wrote his request to Ashcroft on letterhead from Harvard University's Shorenstein Center for Press and Politics (search) at the Kennedy School of Government, where he was a fellow during the spring term.

But the school never gave permission for the use of their letterhead, and apparently wasn't pleased with Franken's prank, which he acknowledged in the apology.

"My biggest regret is sending the letter on Shorenstein Center stationery, I can assure you that no one at the Shorenstein Center had knowledge of the letter before I sent it," Franken wrote. "I am very embarrassed to have put them in this awkward and difficult position, and I ask you not to hold this against the Center, the Kennedy School, or Harvard in general."

Franken said that his was sending an apology to everyone who was sent the letter, including the handful of people who had responded. None of the people named in the letter to Ashcroft wrote back, Franken said, and he vowed not to use the responses he did receive.

Franken, who has a new book out next month titled "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right," has long been a critic of Ashcroft and has frequently railed against other conservative politicians and newsmakers.

Last week, News Corp., the parent company of Fox News Channel and Foxnews.com, filed a lawsuit against Franken for using its trademark "fair and balanced" slogan in his book title and mimicking the look and style of two books published by Bill O'Reilly, a Fox News personality.

Darth Fanboy · Post by **Darth Fanboy** » 2003-08-23 03:38am

Fox Loses Bid to Stop Sale of Franken Book
Fri August 22, 2003 06:31 PM ET

By Gail Appleson

NEW YORK (Reuters) - A federal judge on Friday slammed Fox News' trademark infringement lawsuit against Al Franken and his
publisher Penguin Group and refused to stop the sale of the liberal satirist's new book that pokes fun at the network and host Bill O'Reilly.

Fox charged that Franken had violated its trademarked phrase "fair and balanced" by including it on the cover of his book entitled "Lies and the Lying Liars Who Tell Them." Fox is owned by News Corp. and Penguin is a unit of Pearson . The book went on sale on Thursday.

"There are hard cases and there are easy cases. This is an easy case," said U.S. District Judge Denny Chin. "This case is wholly without merit both factually and legally."

"Parody is a form of artistic expression protected by the First Amendment. The keystone to parody is imitation. Mr. Franken is clearly mocking Fox," said Chin.

The judge said he thought it ironic that a media company that should be fighting to protect free speech would seek to undermine the First Amendment. He also said he thought the "fair and balanced" trademark is weak because the phrase is used so often.

Although the judge refused to grant an injunction that could have stopped further books sales, he did not end the case. Fox could choose to pursue litigation while Penguin could file a motion asking that the case be dismissed. Both sides said they are considering their options.

"We don't care if it's Al Franken or Al Lewis or Weird Al Yankovic. We're here to protect our trademark and our talent," said Paul Schur, a Fox spokesman, after the hearing.

Fox argued in its suit that the cover's tag line, "A Fair and Balanced Look at the Right," was used to confuse consumers.

During arguments held before his ruling, Chin asked Fox lawyer Dorie Hansworth if she really believed that the cover was confusing.

"To me, it's quite ambiguous as to what the message is," she said. "It's a deadly serious cover ... This is much too subtle to be considered a parody."

Floyd Abrams, a lawyer representing Penguin and Franken, strongly disagreed.

"There is no way that any person not completely dense would be confused by this cover to think that Fox was accusing O'Reilly of being a liar," he said.

Chin, siding with Abrams, pointed out that the word "Lies" in the title is printed in large red letters next to a photo of O'Reilly. He said that there was no likelihood that book buyers would think that the sponsor is Fox or O'Reilly.

"We are talking about relatively sophisticated consumers here," he said of those who would be buying Franken's book.

Chin also said that there was no evidence of bad faith by Franken to mislead consumers into thinking he works for Fox.

"There is no intent by Franken to palm himself off as a Fox commentator," he said.

Franken, who won four Emmy awards for his work on "Saturday Night Live," is the author of four previous books, including the recent best seller, "Rush Limbaugh is a Big Fat Idiot."

Franken 1, Fox 0

Post by **Vympel** » 2003-08-23 05:42am

And everything went as I have foreseen. I love the law. I love the law. And if loving the law is WRONG. I don't wanna be RIGHT. (flagrant parody of Coming to America).

Darth Fanboy · Post by **Darth Fanboy** » 2003-08-23 05:46am

I like though how that Article says "Rush Limbaugh is a big fat idiot" is a recent bestseller, seeing as how it came out when I was in 8th grade (about 7 years ago).