So much for frivolous lawsuits
Jun. 7th, 2012 07:32 pmWhen the humorless hire the clueless, a joke's about to be made - unless you're one of the people footing the bill for the court costs, that is.
Joseph Farah - everyone's favorite wackjob provider of mustache rides (although he seems a bit, well, sensitive about people making that assertion) and Jerome Corsi tried to sue Esquire and Mark Warren last year over a well-place parody of a book Corsi wrote that - as you may guess - recycled the usual old Birther crap in brand new bottles. Both of them decided to get legal help for this mammoth undertaking from Judicial Watch caudillo Larry Klayman. The ultimate results weren't pretty:
Plaintiffs’ federal law claim under the Lanham Act must be dismissed because the Lanham Act only applies to commercial speech, not to satirical non-commercial speech.
Further, Plaintiffs’ common law claims must be dismissed because they are barred by the D.C.
Anti-SLAPP Act, which protects speech relating to issues of public interest such as qualifications
for public office, and due to failure to state a claim. Satire such as the Blog Post is protected
speech under the First Amendment.
In other words, "bad lawsuit trip over the First Amendment, fall down, go boom".
Pretty much what I thought was going to happen when I first brought this up, actually.
Joseph Farah - everyone's favorite wackjob provider of mustache rides (although he seems a bit, well, sensitive about people making that assertion) and Jerome Corsi tried to sue Esquire and Mark Warren last year over a well-place parody of a book Corsi wrote that - as you may guess - recycled the usual old Birther crap in brand new bottles. Both of them decided to get legal help for this mammoth undertaking from Judicial Watch caudillo Larry Klayman. The ultimate results weren't pretty:
Plaintiffs’ federal law claim under the Lanham Act must be dismissed because the Lanham Act only applies to commercial speech, not to satirical non-commercial speech.
Further, Plaintiffs’ common law claims must be dismissed because they are barred by the D.C.
Anti-SLAPP Act, which protects speech relating to issues of public interest such as qualifications
for public office, and due to failure to state a claim. Satire such as the Blog Post is protected
speech under the First Amendment.
In other words, "bad lawsuit trip over the First Amendment, fall down, go boom".
Pretty much what I thought was going to happen when I first brought this up, actually.