The Onion could be in trouble
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land_shark3
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The Onion could be in trouble
October 24, 2005
Protecting the Presidential Seal. No Joke.
KATHARINE Q. SEELYE
You might have thought that the White House had enough on its plate late last month, what with its search for a new Supreme Court nominee, the continuing war in Iraq and the C.I.A. leak investigation. But it found time to add another item to its agenda - stopping The Onion, the satirical newspaper, from using the presidential seal.
The newspaper regularly produces a parody of President Bush's weekly radio address on its Web site (www.theonion.com/content/node/40121), where it has a picture of President Bush and the official insignia.
"It has come to my attention that The Onion is using the presidential seal on its Web site," Grant M. Dixton, associate counsel to the president, wrote to The Onion on Sept. 28. (At the time, Mr. Dixton's office was also helping Mr. Bush find a Supreme Court nominee; days later his boss, Harriet E. Miers, was nominated.)
Citing the United States Code, Mr. Dixton wrote that the seal "is not to be used in connection with commercial ventures or products in any way that suggests presidential support or endorsement." Exceptions may be made, he noted, but The Onion had never applied for such an exception.
The Onion was amused. "I'm surprised the president deems it wise to spend taxpayer money for his lawyer to write letters to The Onion," Scott Dikkers, editor in chief, wrote to Mr. Dixton. He suggested the money be used instead for tax breaks for satirists.
More formally, The Onion's lawyers responded that the paper's readers - it prints about 500,000 copies weekly, and three million people read it online - are well aware that The Onion is a joke.
"It is inconceivable that anyone would think that, by using the seal, The Onion intends to 'convey... sponsorship or approval' by the president," wrote Rochelle H. Klaskin, the paper's lawyer, who went on to note that a headline in the current issue made the point: "Bush to Appoint Someone to Be in Charge of Country."
Moreover, she wrote, The Onion and its Web site are free, so the seal is not being used for commercial purposes. That said, The Onion asked that its letter be considered a formal application to use the seal.
No answer yet. But Trent Duffy, a White House spokesman, said that "you can't pick and choose where you want to enforce the rules surrounding the use of official government insignia, whether it's for humor or fraud."
O.K. But just between us, Mr. Duffy, how did they find out about it?
"Despite the seriousness of the Bush White House, more than one Bush staffer reads The Onion and enjoys it thoroughly," he said. "We do have a sense of humor, believe it or not."
Protecting the Presidential Seal. No Joke.
KATHARINE Q. SEELYE
You might have thought that the White House had enough on its plate late last month, what with its search for a new Supreme Court nominee, the continuing war in Iraq and the C.I.A. leak investigation. But it found time to add another item to its agenda - stopping The Onion, the satirical newspaper, from using the presidential seal.
The newspaper regularly produces a parody of President Bush's weekly radio address on its Web site (www.theonion.com/content/node/40121), where it has a picture of President Bush and the official insignia.
"It has come to my attention that The Onion is using the presidential seal on its Web site," Grant M. Dixton, associate counsel to the president, wrote to The Onion on Sept. 28. (At the time, Mr. Dixton's office was also helping Mr. Bush find a Supreme Court nominee; days later his boss, Harriet E. Miers, was nominated.)
Citing the United States Code, Mr. Dixton wrote that the seal "is not to be used in connection with commercial ventures or products in any way that suggests presidential support or endorsement." Exceptions may be made, he noted, but The Onion had never applied for such an exception.
The Onion was amused. "I'm surprised the president deems it wise to spend taxpayer money for his lawyer to write letters to The Onion," Scott Dikkers, editor in chief, wrote to Mr. Dixton. He suggested the money be used instead for tax breaks for satirists.
More formally, The Onion's lawyers responded that the paper's readers - it prints about 500,000 copies weekly, and three million people read it online - are well aware that The Onion is a joke.
"It is inconceivable that anyone would think that, by using the seal, The Onion intends to 'convey... sponsorship or approval' by the president," wrote Rochelle H. Klaskin, the paper's lawyer, who went on to note that a headline in the current issue made the point: "Bush to Appoint Someone to Be in Charge of Country."
Moreover, she wrote, The Onion and its Web site are free, so the seal is not being used for commercial purposes. That said, The Onion asked that its letter be considered a formal application to use the seal.
No answer yet. But Trent Duffy, a White House spokesman, said that "you can't pick and choose where you want to enforce the rules surrounding the use of official government insignia, whether it's for humor or fraud."
O.K. But just between us, Mr. Duffy, how did they find out about it?
"Despite the seriousness of the Bush White House, more than one Bush staffer reads The Onion and enjoys it thoroughly," he said. "We do have a sense of humor, believe it or not."
It's your world, I'm just living in it! 
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PalmettoSon
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This sounds a lot to me like the Fox vs. Al Franken trial (they sued him for using "fair and balanced" among other FoxNews insignia) that was literally (and I do mean literally) laughed at by the court. This is a free speech issue, and parody is a specifically protected form of free speech.
To think the Onion had garnered the endorsement of the White House (regardless of which party controls it) would be like thinking This is Spinal Tap documented the fall of a real rock band.
To think the Onion had garnered the endorsement of the White House (regardless of which party controls it) would be like thinking This is Spinal Tap documented the fall of a real rock band.
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land_shark3
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Actually, I think this is more along the lines of using a logo without permission. The White House is doing the same thing that JB does when he goes after everyone who uses "Margaritaville" or "Cheeseburger in Paradise".PalmettoSon wrote:This sounds a lot to me like the Fox vs. Al Franken trial (they sued him for using "fair and balanced" among other FoxNews insignia) that was literally (and I do mean literally) laughed at by the court. This is a free speech issue, and parody is a specifically protected form of free speech.
To think the Onion had garnered the endorsement of the White House (regardless of which party controls it) would be like thinking This is Spinal Tap documented the fall of a real rock band.
All The Onion would need to do is alter the emblem so that it is not the official emblem.
It's your world, I'm just living in it! 
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PalmettoSon
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Actually, there is a difference between someone using a logo or insignia to create the appearance of endorsement (e.g. a local restaurant having a "Margaritaville Bar") and using a logo or insignia for parody (e.g. Saturday Night Live using the Martha Stewart logo to promote her "Topless Holiday Special").land_shark3 wrote:Actually, I think this is more along the lines of using a logo without permission. The White House is doing the same thing that JB does when he goes after everyone who uses "Margaritaville" or "Cheeseburger in Paradise".PalmettoSon wrote:This sounds a lot to me like the Fox vs. Al Franken trial (they sued him for using "fair and balanced" among other FoxNews insignia) that was literally (and I do mean literally) laughed at by the court. This is a free speech issue, and parody is a specifically protected form of free speech.
To think the Onion had garnered the endorsement of the White House (regardless of which party controls it) would be like thinking This is Spinal Tap documented the fall of a real rock band.
All The Onion would need to do is alter the emblem so that it is not the official emblem.
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mings
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The Onion is perhaps the greatest journalism of our time. Forget the NY Times, Boston Globe, or anything else. I get all of my news from the Onion.
"Oh all the money that e'er I spent, I spent it in good company.
And all the harm that I ever did, Alas it was to none but me.
And since it falls, unto my lot, that I should rise and you should not
I'll gently rise and I'll softly call, 'Goodnight and Joy be with you all.'"
-JMH
And all the harm that I ever did, Alas it was to none but me.
And since it falls, unto my lot, that I should rise and you should not
I'll gently rise and I'll softly call, 'Goodnight and Joy be with you all.'"
-JMH
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mings
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oh yeah - how'd I forget thatJahfin wrote:...and The Daily Show.mings wrote:The Onion is perhaps the greatest journalism of our time. Forget the NY Times, Boston Globe, or anything else. I get all of my news from the Onion.
"Oh all the money that e'er I spent, I spent it in good company.
And all the harm that I ever did, Alas it was to none but me.
And since it falls, unto my lot, that I should rise and you should not
I'll gently rise and I'll softly call, 'Goodnight and Joy be with you all.'"
-JMH
And all the harm that I ever did, Alas it was to none but me.
And since it falls, unto my lot, that I should rise and you should not
I'll gently rise and I'll softly call, 'Goodnight and Joy be with you all.'"
-JMH
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land_shark3
- Here We Are
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mings
- Lester Polyester
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Lewis Black is the best thoughland_shark3 wrote:and of course The Colbert Report.Jahfin wrote:...and The Daily Show.mings wrote:The Onion is perhaps the greatest journalism of our time. Forget the NY Times, Boston Globe, or anything else. I get all of my news from the Onion.
"Oh all the money that e'er I spent, I spent it in good company.
And all the harm that I ever did, Alas it was to none but me.
And since it falls, unto my lot, that I should rise and you should not
I'll gently rise and I'll softly call, 'Goodnight and Joy be with you all.'"
-JMH
And all the harm that I ever did, Alas it was to none but me.
And since it falls, unto my lot, that I should rise and you should not
I'll gently rise and I'll softly call, 'Goodnight and Joy be with you all.'"
-JMH