The First Amendment Project and CourtTV When Fox News sued Al Franken for his "appropriation" of their trademarked phrase "Fair and Balanced," Franke
December 9, 2004

The First Amendment Project and CourtTV

When Fox News sued Al Franken for his "appropriation" of their trademarked phrase "Fair and Balanced," Franken took the position that not only was that not a trademarkable phrase but that his use was parody protected by the First Amendment. As he succinctly put it, "Parody is protected by law, even if the subject doesn't get it." Heavily featuring clips documenting Al Franken and Bill O’Reilly’s heated rivalry, "Fox V. Franken" looks at the corporate business of trademarking common phrases.

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