Sunday, February 24, 2008

Today in history (1988-02-24)

20 years ago, a conservative US Supreme Court handed down one of its most liberal decisions ever, Hustler Magazine v. Jerry Falwell (485 US 46), which gave First Amendment protections to parody advertisements and declared celebrities can't sue a media organization simply because said celebrity was "humiliated." A later decision involving 2 Live Crew later extended this protection to songs, stating a parody doesn't necessarily violate copyright.

Right wing media organizations including the closely related Parents TV Council and Accuracy in Media would like to see both of these decisions overturned and are hoping for a GOP prez who will put in "originalist" judges. Problem is ... the Hustler ruling was authored by the late Bill Rehnquist; and the even more conservative "Nino" Scalia is a First Amendment champion, supporting flag burning among other things. The Founding Fathers intended free speech to include everything except libel and there's no reason to presume that would change under any future President from either party and his or her court nominations.

No ... the real aim is for a constitutional amendment to effectively gut the First Amendment. That would have huge ramifications for the rest of the freedom loving world. It must not be allowed to happen. Larry Flynt is a cretin, but he was absolutely right to put forward the Campari ad and the parodies should be allowed to continue.

It's the left that usually has the sense of humour after all -- the right's doesn't always seem to be that well refined.

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