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  • FRIDAY MARCH 24 2006 9:08 PM

It's Legal to Parody Uptight Assholes

Submitted by Shal

Edited by Shal

A blogger who knows his Constitutional rights has, with the help of the ACLU and a lawyer or two, defended his right to make fun of a church that promises to "cure" those who've inadvertently "caught the gay."

26-year-old Justin Watt, writer of the blog Justinsomnia, participated in the time-honored tradition of altering a well-known image to make a statement, and was promptly sent a copyright-infringement cease-and-desist order by the Exodus International Church.

Watt, operator of the Justinsomnia blog, says he exercised free speech when he parodied the Exodus billboard, which says, "Gay? Unhappy? www.exodus.to." Wyatt re-created the billboard on his site so it read, "Straight? Unhappy? www.gay.com."

Watt, 26, a Web developer in Northern California who enlisted the aid of the American Civil Liberties Union and high-powered law firm Fenwick & West, has posted his blog for four years. He posted the parody Sept. 19 because he found Exodus' message "offensive." A lawyer representing Exodus sent Watt a cease-and-desist letter on March 2.

The incident gained attention because Watt understood his rights and contacted an attorney, said ACLU lawyer Ann Brick, who represented him. "We don't know how often people get cease-and-desist letters and pull material without knowing their rights," she said.

"Just as the First Amendment allows Exodus to post its billboard, it gives Justin the right to post a parody," Brick said.



It's almost unfortunate that the church dropped its complaint rather than seeing this through to trial. Had the case gone to trial, it would have wound up giving legal precedent for fair-use rights on the Internet -- an area of law that remains murky at best.

(Via BoingBoing)

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Comments
UpTight

UpTight

I'm lost
December 2003

MAR 25, 2006 07:40 AM

Shalome said:

MessyJessy said:
I can't wait to see that fuckface Hillary Clinton try and run for president in 2008...

oh shit, I imagined a comma that isn't there...I thought the thread title was: It's Legal to Parody Uptight, Assholes

my bad

wink tongue




wink



more proof that you all fancy me

MessyJessy

MessyJessy

Fort Myers, FL
August 2005

MAR 25, 2006 07:56 AM

UpTight said:

Shalome said:

MessyJessy said:
I can't wait to see that fuckface Hillary Clinton try and run for president in 2008...

oh shit, I imagined a comma that isn't there...I thought the thread title was: It's Legal to Parody Uptight, Assholes

my bad

wink tongue




wink



more proof that you all fancy me



kiss

SocietysPliers

SocietysPliers

Ocala, FL
October 2004

MAR 25, 2006 09:04 AM

You mean gayness is terminal? eeek Jeebus.

Seriously though, It's good that Justin had the cojones to defend the 1st Ammendment. Without the right to parodize, the innerweb's therapeutic charm would be sorely diminished.

HarManic

HarManic

Urbana, IL
March 2005

MAR 25, 2006 11:03 AM

benhasglasses said:
isn't this old news, didnt larry flynt prove thi sliek 20 years ago?



Actually, no. His suit, as I recall, was about slander. It was a parody Campari ad that depicted the (not so very) Rev. Jerry Fallwell talking about performing incest. Fallwell's point was that the ad was creating the impression in the minds of readers/viewers that he had, in fact, committed incest.

The parody defense, in that case, held that because the character "Jerry Fallwell" from the ad was performing actions SO FAR outside the realm of possibility, it was obvious parody, instead of accusation, which makes it protected speech. Basically, the idea that "This is so obviously untrue, we trust our readers won't be misled."

This parody in question actually doesn't seem to have any direct attack on the original creators. It simply coopts their logo and slogan to say the opposite. Pretty boilerplate parody, I'd say.

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