FACTOID # 2: Puerto Rico has roughly the same gross state product as Montana, Wyoming and North Dakota combined.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
   
 
WHAT'S NEW
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Fox v. Franken
The book that caused the lawsuit

Fox News Network, LLC, v. Penguin Group (USA), Inc., and Alan S. Franken was a civil lawsuit filed in the United States District Court for the Southern District of New York on August 7, 2003. Fox News Channel, the plaintiff, sought to enjoin author and comedian Al Franken from using Fox's trademark phrase "fair and balanced" in the title of his then-forthcoming book, Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right. Judge Denny Chin denied Fox's motion for injunction on August 22, and the network dropped the suit three days later. Download high resolution version (579x800, 104 KB)Lies and the Lying Liars Who Tell Them book cover. ... Download high resolution version (579x800, 104 KB)Lies and the Lying Liars Who Tell Them book cover. ... Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right is a book of political commentary and satire by comedian and political commentator Al Franken, published in 2003 by Dutton, a subsidiary in the Penguin Group. ... It has been suggested that civil trial be merged into this article or section. ... The United States District Court for the Southern District of New York (S.D.N.Y.) is the federal district court whose jurisdiction comprises the following counties: New York (Manhattan), Bronx, Westchester, Putnam, Rockland, Orange, Dutchess, and Sullivan. ... “Fox News” redirects here. ... Look up Injunction in Wiktionary, the free dictionary. ... Alan Stuart Al Franken (born May 21, 1951) is an Emmy Award–winning American comedian, actor, author, screenwriter, political commentator, radio host and, recently, politician. ... “(TM)” redirects here. ... Fair & Balanced graphic used during 2005 Fair and Balanced is a trademarked slogan used by the American news broadcaster Fox News Channel. ... Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right is a book of political commentary and satire by comedian and political commentator Al Franken, published in 2003 by Dutton, a subsidiary in the Penguin Group. ... Judge Denny Chin is assigned to the United States District Court of the Southern District of New York. ...

Contents

Background

Rupert Murdoch's News Corporation had founded Fox News Channel in 1996, in part to counter what it contended was systemic liberal bias on the part of other U.S. news outlets. To bolster this perception, Fox used "Fair and Balanced" and "We report, You decide," as slogans. Critics such as FAIR[1] and Media Matters for America[2] have accused Fox having a pervasive conservative bias; on many Web sites and blogs, "fair and balanced" became widely used as an ironic euphemism for perceived right-wing media bias on Fox and other media outlets. Keith Rupert Murdoch AC, KCSG (born 11 March 1931) is an Australian born United States citizen who is a global media executive and is the controlling shareholder, chairman and managing director of News Corporation, based in New York. ... 1211 Avenue of the Americas (Sixth Avenue), where News Corporation is based News Corporation (abbreviated to News Corp) (NYSE: NWS, NYSE: NWSa, ASX: NWS, LSE: NCRA) is one of the worlds largest Media conglomerates. ... Year 1996 (MCMXCVI) was a leap year starting on Monday (link will display full 1996 Gregorian calendar). ... This article or section is in need of attention from an expert on the subject. ... Fair & Balanced graphic used during 2005 Fair and Balanced is a trademarked slogan used by the American news broadcaster Fox News Channel. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ... Fairness & Accuracy In Reporting (FAIR), is a media criticism organization based in New York, New York, founded in 1986. ... Screenshot from Media Matters for America (Jan 6, 2006) Media Matters for America (or MMfA) is a 501(c)(3) non-profit organization founded in 2004 by journalist and author David Brock. ... “Fox News” redirects here. ... A website, Web site or WWW site (often shortened to just site) is a collection of webpages, that is, HTML/XHTML documents accessible via HTTP on the Internet; all publicly accessible websites in existence comprise the World Wide Web. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Fair & Balanced graphic used during 2005 Fair and Balanced is a trademarked slogan used by the American news broadcaster Fox News Channel. ...


On May 31, 2003, the cable network C-SPAN2 broadcast a panel discussion on political books that was taking place at BookExpo, a trade show for the book publishing industry. The panel included Franken, whose Lies and the Lying Liars Who Tell Them was scheduled for release in the autumn, and Fox News personality Bill O'Reilly, who was promoting his own book Who's Looking Out For You?, which was due for release at about the same time as Franken's. Feeling the need to explain why a fellow panelist's face was on the cover of a book entitled Lies and the Lying Liars Who Tell Them, Franken told a long story about O'Reilly's claims that his former program Inside Edition had won two Peabody awards (in fact, it had not). The two then engaged in a heated confrontation, culminating in a furious O'Reilly shouting "Shut up! Shut up!" to interrupt Franken at the dais. A link to footage of the program quickly circulated among blogs, which had the effect of providing valuable publicity for Franken's upcoming book. is the 151st day of the year (152nd in leap years) in the Gregorian calendar. ... This article or section does not cite its references or sources. ... It has been suggested that Bill OReilly political beliefs and points of view be merged into this article or section. ... Inside Edition is a syndicated news program, on the air since January 9, 1989. ... The George Foster Peabody Awards, more commonly referred to as the Peabody Awards, are annual international awards given for excellence in radio and television broadcasting. ...


The lawsuit

On August 7, Fox News filed for relief in federal court. In what author and editor Richard Blow described as "an eight-inch thick legal filing,"[3] the network contended that it had been irreparably harmed by the publicity surrounding Franken's use of the phrase "fair and balanced" on the preliminary cover of Lies and the Lying Liars Who Tell Them, which Fox claimed it had first become aware of following the BookExpo panel discussion in May. The filing stated that Franken had "been described as a 'C-level political commentator' who is 'increasingly unfunny'", and claimed that the comedian was "shrill and unstable" and had "appeared either intoxicated or deranged" at a press correspondents' dinner in April 2003. 2003 : January - February - March - April - May - June - July - August - September - October - November - December - → A timeline of events in the news for April 2003. ...


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." The publicity resulting from the lawsuit propelled Franken's as-of-then-unreleased book to the #1 sales position on Amazon.com's best-seller list. Amazon. ...


On August 22, U.S. District Court judge Denny Chin heard arguments from attorneys representing the plaintiff and the defendant regarding FOX News' sought-for injunction to prevent Franken from using "fair and balanced" in his book's title. In a hearing punctuated at times by laughter from the assembled spectators,[4] Chin questioned Fox News attorney Dori Ann Hanswirth harshly about her contention that the phrase "fair and balanced" on the cover of Lies and the Lying Liars Who Tell Them was likely to confuse consumers into believing that the book was produced or endorsed by Fox News Channel, at one point asking Hanswirth, "Do you think that the reasonable consumer would believe, seeing the word 'lie' above Mr. O'Reilly's face, that Mr. O'Reilly or Fox were endorsing this book?" is the 234th day of the year (235th in leap years) in the Gregorian calendar. ...


Chin denied the injunction and said that the case was "wholly without merit, both factually and legally". He went on to suggest that Fox News' trademark on the phrase "fair and balanced" could be invalid. Three days later, Fox News Channel filed to drop the lawsuit.


Though O'Reilly denies it, Franken believes that the commentator goaded Fox News into suing him. In the paperback edition of his book, Franken recalls an incident at the BookExpo where O'Reilly and Fox News colleague Shepard Smith were waiting for a hotel shuttle, O'Reilly said, "I'm gonna sue him! I'm gonna sue him!" Shepard Smith (born David Shepard Smith, Jr. ... Look up Shuttle in Wiktionary, the free dictionary. ...


After-Effects

The most direct result of the suit was a windfall for Franken and his publisher, Penguin Group (USA). The book had originally been slated for release on September 22, 2003, but the publicity resulting from the suit prompted Penguin to move the release date up to August 11 and print an extra 50,000 copies, for a total of 435,000; the book was an immediate bestseller. For its part, Fox News Channel was ridiculed by commentators and bloggers on both sides of the political divide, many of whom suggested that the network had filed the suit to placate Bill O'Reilly in the wake of his run-in with Franken at the BookExpo panel. Penguin Group is the second largest trade book publisher in the world. ... is the 265th day of the year (266th in leap years) in the Gregorian calendar. ... is the 223rd day of the year (224th in leap years) in the Gregorian calendar. ...


Drawing on Judge Chin's concluding remarks, Franken suggested that Fox News adopt "Wholly Without Merit" as its new slogan to replace the possibly invalid "fair and balanced". In a more serious response, the publishers of the left-leaning[5] Web site AlterNet filed with the U.S. Patent and Trademark Office in December 2003 to have Fox News' trademark invalidated, calling it "notoriously misdescriptive." The USPTO denied AlterNet's application in July 2005. AlterNet, a project of the non-profit Independent Media Institute, is a progressive news website that was launched in 1998 and receives over 2 million visitors per month. ... The United States Patent and Trademark Office (PTO or USPTO) is an agency in the United States Department of Commerce that provides patent and trademark protection to inventors and businesses for their inventions and corporate and product identification. ... December 2003: January - February - March - April - May - June - July - August - September - October - November - December - → Events December 31, 2003 In Taiwan, President Chen Shui-bian signs a law that allows referendums to be held. ... Ongoing events • 2005 Atlantic and Pacific hurricanes • 2005 Maharashtra floods • 2005 Gujarat Flood • Expo 2005 in Aichi, Japan • Fuel prices • Gomery Comm. ...


In 2004, Franken began hosting a talk show, originally titled The O'Franken Factor, on the fledgling Air America Radio network. The program's title was a jab at Bill O'Reilly's show, named The O'Reilly Factor. Franken said that he chose the name to "annoy and bait" O'Reilly into filing another lawsuit and therefore generate publicity for the show.[6] Three months later, Franken changed the name to The Al Franken Show. Year 2004 (MMIV) was a leap year starting on Thursday of the Gregorian calendar. ... Former Air America logo, 2004-2007 Air America Radio is a talk radio network and program syndication service in the United States. ... The OReilly Factor is an American talk show on the Fox News Channel hosted by commentator Bill OReilly, who discusses current political and social issues with guests from opposing ends of the political spectrum. ... The Al Franken Show is the flagship talk show of Air America Radio. ...


References

  1. ^ The Most Biased Name in News - Fox News Channel's extraordinary right-wing tilt, FAIR, July/August 2001
  2. ^ 33 internal FOX editorial memos reviewed by MMFA reveal FOX News Channel's inner workings, Media Matters, July 14, 2004
  3. ^ Fox as Hound, TomPaine.com 08/19/2003
  4. ^ Saulny, Susan (August 23, 2003). In Courtroom, Laughter at Fox and a Victory for Al Franken. The New York Times. The New York Times Company. Retrieved on 2005-10-05.
  5. ^ Media Online: A Few Firms Thrive While Many Fail
  6. ^ http://www.kgw.com/business/stories/kgw_033004_biz_progressive_radio.d7edf1d8.html

Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... For other uses, see 5th October (Serbia). ...

See also

Moron in a hurry A moron in a hurry is a phrase that appears to have been first used in the 1979 English legal case of Morning Star Cooperative Society v Express Newspapers Limited. ...


External links

  • Fox News v. Penguin Group (note: PDF link)
  • AlFrankenWeb.com: Fox v. Franken Transcript
  • Book TV.org (link to video from BookExpo panel)
  • Al Franken Fan Club and Discussion Forum

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m