August 28-September 3, 2003

loose canon

It's A Joke

by Bruce Schimmel

I love a good lawsuit, especially when itís a contest that must be won.

Fortunately, in the recent battle between Fox News and comedian Al Franken, the satiristís victory was so huge that the network was literally laughed out of court.

Fox tried to block Franken from using the phrase "fair and balanced" on the cover of his upcoming book, Lies, and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right.

Fox trademarked the phrase "fair and balanced" five years ago. They argued that Franken was not only violating their trademark, but that his use of their "signature slogan" might confuse people into believing the network endorsed his book. Fox's legal strategy was based on the premise that people are too stupid to get the joke.

According to The New York Times, Fox's claim was so absurd that the judge repeatedly mocked network lawyers, and people in the courtroom reportedly broke out laughing during last week's proceedings.

U.S. District Judge Denny Chin declared someone would have to be "completely dense" not to understand that book was a satire. Thatís a significant victory.

The usual standard for interpreting what something means is how a "reasonable person" would interpret it. Chin temporarily lowered the intelligence bar from reasonable to stupid, saying in effect that anyone above the cognitive level of an idiot would get Frankenís joke.

Everyone, it seems, except Fox.

Judge Chin also said it's "ironic that a media company that should be fighting for the First Amendment is trying to undermine it."

It seems that the network that once took a chance -- and some heat -- on the brilliant satire The Simpsons can no longer take a joke, especially if it's pointed at them.

It is ridiculous that Fox would trademark the phrase "fair and balanced," as if they invented it.

It is outrageous to turn the ideal of "fair and balanced" reporting into a marketing slogan.

And it is tragic that, in privatizing the concept for their own profit, Fox degrades the common meaning of "fair and balanced."

Will Fox or some other media conglomerate try to trademark "freedom of speech" next?

The ironies are enormous. And so I say it's the solemn duty of everyone -- from reasonable to moronic -- to keep laughing at these corporate antics.

Satire is the most effective weapon of the politically disenfranchised. And in reaffirming Franken's right to parody and poke fun at Fox, this victory is a important reminder: When you hear officious lies, don't just smile politely -- laugh out loud.