Difference between revisions of "Lies and the Lying Liars Who Tell Them"

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The book's subtitle used the phrase fair and balanced popularized by the [[Fox News Channel]].  In response, Fox News sued Al Franken before the release date, claiming that the book's subtitle violated its trademark of the slogan "Fair and Balanced."<ref>[http://www.wnd.com/news/article.asp?ARTICLE_ID=34035 Fox News sues Al Franken, publisher]</ref> Franken has stated that this was an attempt to "prevent the publication" of the book, a statement that Fox denies.<ref>Franken said," ... the Fox News Channel, a news organization, tried to prevent the publication of [my] book." [http://www.frankenlies.com/lies/cspanlie.htm]</ref> The lawsuit was dismissed, and provided Franken with free publicity just as the book was launched.  The book was originally scheduled to be released on Sept. 22 but the date was pushed forward to Aug. 21 and 50,000 extra copies were printed because of pre release publicity.<ref name=Laughter>[http://www.nytimes.com/2003/08/23/nyregion/23FRAN.html?ex=1376971200&en=221c949c94e93f90&ei=5007&partner=USERLAND In Courtroom, Laughter at Fox and a Victory for Al Franken]</ref> According to the publisher, "We sped up the release because of tremendous demand for the book, generated by recent events."
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The book's subtitle used the phrase fair and balanced popularized by the [[Fox News Channel]].  In response, Fox News sued Al Franken before the release date, claiming that the book's subtitle violated its trademark of the slogan "Fair and Balanced."<ref>[http://www.wnd.com/news/article.asp?ARTICLE_ID=34035 Fox News sues Al Franken, publisher]</ref> Franken has stated that this was an attempt to "prevent the publication" of the book,<ref>Franken said," ... the Fox News Channel, a news organization, tried to prevent the publication of [my] book." [http://www.frankenlies.com/lies/cspanlie.htm]</ref> a statement that was false. The lawsuit was dismissed, and provided Franken with free publicity just as the book was launched.  The book was originally scheduled to be released on Sept. 22 but the date was pushed forward to Aug. 21 and 50,000 extra copies were printed because of pre release publicity.<ref name=Laughter>[http://www.nytimes.com/2003/08/23/nyregion/23FRAN.html?ex=1376971200&en=221c949c94e93f90&ei=5007&partner=USERLAND In Courtroom, Laughter at Fox and a Victory for Al Franken]</ref> According to the publisher, "We sped up the release because of tremendous demand for the book, generated by recent events."
  
The lawsuit described Franken as "intoxicated or deranged"<ref>[http://www.rotten.com/library/bio/entertainers/pundits/bill-oreilly/fox-vs-franken-complaint.html Fox News v. Al Franken: initial complaint]</ref> as well as "shrill and unstable," and a "C-level political commentator" In response, Franken joked that he had trademarked the word "funny", and that Fox had infringed his intellectual property rights by characterizing him as "unfunny."
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In a sense Franken was thumbing his nose just outside of judicial reach. While it was understood that Franken intentionally went after Fox much as he did with trying to first call his show "The O'Franken Factor", proving trademark infringement in court is another thing. The judge ruled it was satire protected by the First Amendment and the lawsuit was dismissed.
 
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On August 22, 2003, U.S. District Judge Denny Chin denied Fox's request for an injunction to block the publication of Franken's book, stating the network's claim was "wholly without merit, both factually and legally." During the judge's questioning, spectators in the court's gallery frequently laughed at Fox's case. Franken later wrote, "Usually when you say someone was literally laughed out of court, you mean they were figuratively laughed out of court, but Fox was literally laughed out of court."<ref>[http://journalism.smcvt.edu/defender/05.03.06/sanders.htm Franken endorses Sanders]</ref>  Three days later, Fox filed papers to drop its lawsuit<ref name="Laughter"/>
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Franken describes his side of the legal battle in a paperback-only chapter of Lies entitled "I Win".
 
Franken describes his side of the legal battle in a paperback-only chapter of Lies entitled "I Win".

Revision as of 00:39, 29 June 2008

Lies and the Lying Liars Who Tell Them, A Fair and Balanced Look at the Right is a book by Al Franken purporting to uncover inaccurate or misleading statements by conservatives.


The book's subtitle used the phrase fair and balanced popularized by the Fox News Channel. In response, Fox News sued Al Franken before the release date, claiming that the book's subtitle violated its trademark of the slogan "Fair and Balanced."[1] Franken has stated that this was an attempt to "prevent the publication" of the book,[2] a statement that was false. The lawsuit was dismissed, and provided Franken with free publicity just as the book was launched. The book was originally scheduled to be released on Sept. 22 but the date was pushed forward to Aug. 21 and 50,000 extra copies were printed because of pre release publicity.[3] According to the publisher, "We sped up the release because of tremendous demand for the book, generated by recent events."

In a sense Franken was thumbing his nose just outside of judicial reach. While it was understood that Franken intentionally went after Fox much as he did with trying to first call his show "The O'Franken Factor", proving trademark infringement in court is another thing. The judge ruled it was satire protected by the First Amendment and the lawsuit was dismissed.

Franken describes his side of the legal battle in a paperback-only chapter of Lies entitled "I Win".

References

  1. Fox News sues Al Franken, publisher
  2. Franken said," ... the Fox News Channel, a news organization, tried to prevent the publication of [my] book." [1]
  3. In Courtroom, Laughter at Fox and a Victory for Al Franken