Calpundit: Judge to Fox: Drop Dead

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August 22, 2003

JUDGE TO FOX: DROP DEAD....A federal judge told Fox News today not to let the courthouse door hit them on their corporate ass when they slink out of the building. Their suit against Al Franken's use of "fair and balanced" in the title of his new book is "without merit, both factually and legally."

Actually, that sort of describes the whole network, doesn't it?

Meanwhile, thanks to Fox's almost Biblical display of inanity, Franken's book is now ranked #2 at Amazon. Buy it by itself, or bundle it with Big Lies for only $34.94!

Oh, and just one more thing. This whole escapade was apparently the brainchild — and I use both the word "brain" and the word "child" advisedly — of Fox whiner-in-chief Bill O'Reilly, who was unhappy at Franken's verbal assault on him at the Los Angeles BookExpo, televised on C-SPAN last May. Result: O'Reilly looks like a petulant adolescent and Franken probably earns an extra million bucks or so in book sales. Who knew C-SPAN had such power?

UPDATE: Here's the full version of the AP report linked above. It turns out that Fox did some rather heavy snipping of AP's prose.

UPDATE 2: Fox has now reposted the AP article. It still isn't complete, but it's more complete than it was before.

Posted by Kevin Drum at August 22, 2003 02:48 PM | TrackBack

Comments

Instead of "brain child", I suggest "brain fart". It's similar but comes out a different orifice.

Posted by: phil at August 22, 2003 03:00 PM | PERMALINK

HA HAH HA! Fox News and Bill O'Reilly got punk'd. Bunch of freakin imbeciles. HA HAH HA!

Posted by: Adam in MA at August 22, 2003 03:03 PM | PERMALINK

This lawsuit was so utterly devoid of merit, it made me suspicious that there was collusion between Fox and Franken. You know, like a leadup to a WWF-style Smackdown 2 - Franken vs. O'Reilly. But then I realized ... Fox really is stupid enough to file a lawsuit like this.

Posted by: lefty skeptic at August 22, 2003 03:09 PM | PERMALINK

Kevin,

Is the tape of the incident between O'Reilly and Franken still available anywhere that you know of?

Thanks!

Posted by: Michael at August 22, 2003 03:13 PM | PERMALINK

I'm extremely tempted to buy both books. Except that I already detest the right with such fervor that I don't know that it would be such a worthwhile investment of my time. I'm already the choir.

-Ev

Posted by: IdahoEv at August 22, 2003 03:17 PM | PERMALINK

Ev, think of it as positive reinforcement. BF Skinner thought that was important.

Posted by: Linkmeister at August 22, 2003 03:23 PM | PERMALINK

"Fox News: Wholly Without Merit."

Posted by: squiddy at August 22, 2003 03:45 PM | PERMALINK

P.S. As the kiddies would say...

lol F0xN3wZ got PWNED !!!!!1!!1! HAHAHAHA!!!

my that was childish. Fun though.

Posted by: squiddy at August 22, 2003 03:47 PM | PERMALINK

Michael -- about 45 minutes in.

http://video.C-SPAN.org:8080/ramgen/ndrive/btv053103_4.rm?start=4:16:18&end=5:45:37

Posted by: squiddy at August 22, 2003 03:49 PM | PERMALINK

"Fox News: Unfair And Seriously Unbalanced."

Posted by: Bruce Moomaw at August 22, 2003 03:51 PM | PERMALINK

Good news on the dismissal of the FOX lawsuit- Now I can remove that "fair and balanced" line from the header on my blog and go back to being a shrill and and biased liberal.

Posted by: peter jung at August 22, 2003 04:03 PM | PERMALINK

Call it Fox's "Flypaper" stragegy.

There's a better joke somewhere in there, but I'm too tired to think of it.

Posted by: GFW at August 22, 2003 04:06 PM | PERMALINK

Apparently the courtroom really was a "no spin zone".

Posted by: Dave at August 22, 2003 04:13 PM | PERMALINK

The BookExpo video.

Direct Realplayer link here(RTSP) or here(PNM).

The interesting part starts around 30min into the video, Oh'Really? starts going bonkers around 0:48.

Posted by: Felix Deutsch at August 22, 2003 04:19 PM | PERMALINK

*bows to squiddy's 733t1t3wl)*

U R D4 B0M! :D

[Childish? What's that?]

Posted by: Anarch at August 22, 2003 04:45 PM | PERMALINK

By contrast, Fox took pains to promote its own programming in the suit, citing a subscriber base of 80 million viewers and repeatedly noting the network is the top ratings winner among cable news channels.

This says everything about America, and especially the Right, that could possibly be said. Translated, it means: we make more money, so we must be right.

Posted by: craigie at August 22, 2003 04:48 PM | PERMALINK

Where's the scoop on O'Reilly being behind the whole lawsuit? It's not in the AP story. I can certainly believe that O'Reilly wanted to file the suit, but I'm still surprised that Fox News was dumb enough to go through with it. Did he threaten to quit or something if they didn't file the suit?

Posted by: Haggai at August 22, 2003 04:53 PM | PERMALINK

Is there an opportunity for Franken to sue for equal access to refute the "political" lawsuit? Perhaps Franken can get 30 minutes a night on the o'whiney show for a month with his own format, without compensation, to respond to their political speech? Fox gets new viewers, Fox viewers get an education. Win-win.

Fairly Balanced

Posted by: MacMan at August 22, 2003 05:01 PM | PERMALINK

I can only imagine the depths of depression Mickey Kaus must be wallowing in right now. Al Franken is infinitely funnier than he is, is getting all the media attention, is selling more books in a day than Mick has his entire life... and all Mick can do is whine to himself on his little blog. Life just isn't fair.

Posted by: hackenkaus at August 22, 2003 05:15 PM | PERMALINK

That verdict seems fair and balanced.
That begins and ends my use of this phrase.

Posted by: John Isbell at August 22, 2003 05:21 PM | PERMALINK

Judge Chin's rejection included these words, which I think are the most damning and salient in his argument:
"It is ironic that a media company, which should be protecting the First Amendment, is seeking to undermine it."

Posted by: Dan Baker at August 22, 2003 06:00 PM | PERMALINK

Next tactic: O'Reilly titles his latest screed, "Just Bill: Frank & Open".

Or, he'll just name a decade after himself.

Posted by: Grumpy at August 22, 2003 07:10 PM | PERMALINK

I read the news on Making Light, immediately blogged it myself, and only later came to CalPundit to check out what someone on Making Light had pointed out as a kick-ass post.

The similarity between your post's title and mine is purely coincidental. Great minds think alike, and all that.

Posted by: Alan Bostick at August 22, 2003 07:17 PM | PERMALINK

Haggi:

Right after the suit was filed, Matt Drudge reported that O'Reilly was the driving force. For whatever that's worth.

After hearing O'Reilly fuming about Franken and calling for "Internet police" to go after posters who "hurt people," I have no reason to doubt Drudge's story.

By the way, does anyone have links for the Fox complaint or the judge's ruling?

Posted by: Brian A. at August 22, 2003 08:44 PM | PERMALINK

Every author wishing to increase their sales should insult O'Reilly so he will goad Fox into suing them. "Bill O'Reilly is a pinhead : 101 fair and balanced Fennel Recipes"

Posted by: david at August 22, 2003 08:44 PM | PERMALINK

O'Reilly fuming about Franken and calling for "Internet police" to go after posters who "hurt people,"

What did he say? Did he actually encourage violence?

Posted by: squiddy at August 22, 2003 09:42 PM | PERMALINK

What did he say? Did he actually encourage violence?

No. A couple weeks or so ago O'Reilly floated the idea of a new federal agency to police the Internet. Mentioned schemes and fraud as a reason for it, seemingly ignoring the fact that we already have law enforement pursuing those crimes.

He then went further, condemning those who "hurt" people by posting false or confidential information about them (again ignoring the laws we already have against those things). He cited the example of information put up regarding Kobe Bryant's accuser, trying to paint it in those terms. But I veiwed it as a thinly-veiled effort to rewrite the law so it would be easier for him to go after his detractors.

This Franken trademark suit is a clear example of that modus operandi.

Posted by: Brian A. at August 22, 2003 10:50 PM | PERMALINK

I apologize for this, but I am feeling quite alone on AtlanicBlog, linked ny Kevin to the right. I can't even get a response to facts. Is anyone awake there, or are they beginning to wake up?

Posted by: MacMan at August 22, 2003 11:22 PM | PERMALINK

Thanks to Judge Chin, Fox has a new slogan:

"FOX NEWS
WHOLLY WITHOUT MERIT"

Posted by: John at August 23, 2003 05:54 AM | PERMALINK

The Faux lawsuit was frivolous. Franken should go for attorney's fees.

Posted by: raj at August 23, 2003 08:14 AM | PERMALINK

Actually, O'Reilly's call for "internet police" began as a result of one of the San Fran papers, i think anyway, printing a story that various radio stations were dropping his radio show at rather high rates.

I don't know if they were or weren't but apparently that got Bill peeved. Considering what is said about a lot of people on the internet, it was a pretty lame thing to get so pissed about.

That being said, i still say the whole Franken/O'Reilly dust up was largely due to Franken acting like a little kid at that book expo. I've never had any love or sympathy for Patricia Schroeder, but i actually felt sorry for her for having to stand there in the middle of it.

I'm a Republican and i consider O'Reilly a pompous windbag just like many of you on the left do, but that doesn't change the fact that he sat there and let Franken go on his little rant for longer than he should have, before he finally got into the whole "SHUT UP" and "you're an idiot" stuff.

Posted by: greg at August 23, 2003 09:04 AM | PERMALINK

The only shrill, unstable C-level commentator using the 'Fair and Balanced' trademark is Roger Ailes.

By the way, greg, I'm sorry that Franken refused to sit back and act silent during the book expo, like all liberal counterparts are supposed to suring these pair-ups.

Posted by: Constantine at August 23, 2003 09:14 AM | PERMALINK

Well, Constantine, you obviously missed the entire point of what i said. I never said that Franken was supposed to sit back and say nothing.

The fact is, O'Reilly, Ivins, and Franken all had a certain amount of time to talk about their books. O'Reilly and Ivins did just that, while Franken used his to go off on a tangeant about Bill O'Reilly, for the most part. Quite frankly, the guy appears unstable (although so does O'Reilly at times).

Hey, I don't believe O'Reilly when he says he "misspoke" on that whole Peabody/Polk award thing (For example, there are two awards given to the best college football player every year, the Heisman and the Maxwell club. In 1994, Kerry Collins won the Maxwell but not the Heisman. I doubt he's ever misspoke and mistakenly said he won the Heisman.)

But Franken used almost his entire 30 minutes to go on and on about it. Five minutes would've more than done the trick.

Posted by: greg at August 23, 2003 09:32 AM | PERMALINK

Greg,

Good point about Franken's behavior. At the time, I was so happy to see someone finally standing up to O'Reilly that I kind of overlooked Franken's antics. But he should have handled himself better.

Posted by: Brian A. at August 23, 2003 10:18 AM | PERMALINK

It would be a mistake for you folks on the left to presume that everyone on the right supported this lawsuit, or thought it was a good idea -- or for that matter, failed to see how incredibly ridiculous it is.

I'm a conservative Republican lawyer, but had no trouble identifying this case as litigation abuse, and blogged it as such .

Posted by: Beldar at August 23, 2003 02:23 PM | PERMALINK

The Blowhard ranted that Franken had taken 20 minutes more than he was entitled to, but he was lying. As usual.

Posted by: Basharov at August 23, 2003 04:07 PM | PERMALINK

The NYT version is even more scathing:

But these arguments were met by laughter in the crowded courtroom, as Fox tried to defend its signature slogan. Part of the network's burden was to prove that Mr. Franken's use of the phrase "fair and balanced" would lead to consumer confusion.

One round of laughter was prompted when Judge Chin asked, "Do you think that the reasonable consumer, seeing the word `lies' over Mr. O'Reilly's face would believe Mr. O'Reilly is endorsing this book?"

The giggling continued as Dori Ann Hanswirth, a lawyer for Fox, replied, "To me, it's quite ambiguous as to what the message is here."

She continued, "It does not say `parody' or `satire.' "

Ms. Hanswirth said Fox's "signature slogan" was also blurred, because people who were not associated with the network, which owns the Fox News Channel, also appear on the cover with Mr. O'Reilly.

Judge Chin said, "The president and the vice president are also on the cover. Is someone going to consider that they are affiliated with Fox?"

The courtroom broke into laughter again.

Ms. Hanswirth replied, "It's more blurring, your honor."

Posted by: Seth Gordon at August 24, 2003 11:34 AM | PERMALINK

They should just ask for fees, they should ask for Rule 11 sanctions. Sounds like they might get them.

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