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Tue 14 Sep, 2004 06:57 pm
G O O F = God-Fearing Opponents of Freedom
Quote:Satire's Not Free Speech -- Wait, Just Kidding
In one of the most interesting First Amendment cases the Texas Supreme Court has handled in years, the high court unanimously ruled that political satire is a protected form of free speech, even if it's not clearly labeled or attributes false quotes to real public officials. . . .
The court applied a "reasonable person" test to the article to determine if the article was indeed satire. Writing for the court, Justice Wallace Jefferson notes that there were numerous clues that the article was a joke, including outrageous quotes, an unorthodox headline and photo, and reference to a fictional freedom-opposing religious group called God-fearing Opponents of Freedom (GOOF). . . .
Although GOOF might be a fictional freedom-opposing religious group, I think GOOF is an enlightening acronym for conservatives who desire to impose their religious views upon others through the political process and to the detriment of freedom.
It is mind-boggling irony that the people who claim to be patriotic Americans are the same ones who do everything in their power to subvert the freedom of others.
Libel is defined as follows:
Main Entry: 1liĀ·bel
Pronunciation: 'lI-b&l
Function: noun
Etymology: Middle English, written declaration, from Middle French, from Latin libellus, diminutive of liber book
1 a : a written statement in which a plaintiff in certain courts sets forth the cause of action or the relief sought b archaic : a handbill especially attacking or defaming someone
2 a : a written or oral defamatory statement or representation that conveys an unjustly unfavorable impression b (1) : a statement or representation published without just cause and tending to expose another to public contempt (2) : defamation of a person by written or representational means (3) : the publication of blasphemous, treasonable, seditious, or obscene writings or pictures (4) : the act, tort, or crime of publishing such a libel
Say anything you want - and face the consequences.
My understanding is that the groundrules here include not making unsubstantiated remarks. I believe some satyrical commentary is welcome. But I don't think you can stretch your permissions to include libel.
It's true that a seated president is considered above reproach and that he can be lampooned almost to an extreme.
I'm not so sure that applies to a mere candidate or a senator.
I don't think so. I'm sure a legal expert could clarify.
I understand quite well the basis for this particular decision.
That is the standard applied to all who are "above reproach."
In the case of the Swift Boat crowd it certainly didn't take long to draw a conclusion because we do question sources. In the case of Dan Rather's paper, there is no conclusion. That's because it isn't satyrical. So I suppose there is less pressure to "determine if the article was indeed satire."
In the case of the Swift Boat Vets" it was a case of libel and also not satire.
Pad: Here's a possible explanation: Swifties: Charges based on documented fact. Rather:Lies based on forged documents (these documents are made up. They never existed but they are used to back up a calculated campaign to besmirch our Commander in Chief in a time of war.) See?
Nonsense.
You send like you're defending Nixon for doing Watergate Chuckster. The swifties offer charges based on documented lies.
Their charges did not pass muster.
So far the only claim against Rather is that he "might" be offering faked documents.
I'd rely on the remarks of his colleague from Harvard to get at the truth. Their motto is Veritas, and they generally have a pretty good reputation.
As the Tibetans say: Rogues there are in religious orders. Medicinal plants grow on the same hillsides as poisonous ones.
Our commander in chief shouldn't be offering legal protection to those who would libel his opponent. It is perceived as a dirty trick. It becomes a question of who is fooling or not fooling the public.
I don't claim to have the answer like the neo cons here do.
I'd suggest counting the votes after they have been caste and until then - make a wish!
Speaking of Bush:
I'd rely on the remarks of his colleague from Harvard to get at the truth. Their motto is Veritas, and they generally have a pretty good reputation.
As the Tibetans say: Rogues there are in religious orders. Medicinal plants grow on the same hillsides as poisonous ones.