Sunday, August 24, 2003

Franken is Fair and Balanced.

Making Light: Federal judge denies Fox's request for injunction

One of the three legs of American government is still working. One hopes Fox is stupid enough to appeal. This is too much fun to end now.

NEW YORK A federal judge on Friday denied Fox News Channel’s request for an injunction to block humorist Al Franken ‘s new book, whose title mocks the Fox slogan “fair and balanced.”

U.S. District Judge Denny Chin said the book Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right is a parody protected by the First Amendment.

“There are hard cases and there are easy cases,” the judge said. “This is an easy case. This case is wholly without merit, both factually and legally.” ....

Franken called the ruling a victory for the First Amendment and satirists everywhere “even bad satirists.”

“In addition to thanking my own lawyers,” Franken said, “I’d like to thank Fox’s lawyers for filing one of the stupidest briefs I’ve ever seen in my life.”

The ruling opened the door for lawyers for Penguin and Franken to file a motion to dismiss the suit altogether. In addition to denying the injunction, the judge took direct aim at Fox for bringing the case.

“It is ironic that a media company, which should be protecting the First Amendment, is seeking to undermine it,” Chin said.

...

Franken’s book went on sale nationally Thursday, moved up from its September rollout date because of publicity from the lawsuit. Penguin added 50,000 copies to the original run of 270,000 after the suit was filed.

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