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brayton_headshot_wre_1443.jpg Ed Brayton is a freelance writer and speaker. He is the co-founder and president of Michigan Citizens for Science and co-founder of The Panda's Thumb. He has written for such publications as The Bard, Skeptic and Reports of the National Center for Science Education, spoken in front of many organizations and conferences, and appeared on nationally syndicated radio shows and on C-SPAN. Ed is also a Fellow with the Center for Independent Media.(static)

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« National Debate Tournament Update | Main | Inviting a Fisking »

"Liberty" Counsel Against Liberty

Category: Law
Posted on: March 27, 2006 8:53 AM, by Ed Brayton

One of the fastest growing Christian right legal groups is the Liberty Counsel, run by Matt Staver. This is Jerry Falwell's personal favorite and they've been in the spotlight a lot lately, gaining on the American Center for Law and Justice, the Alliance Defense Fund and the Thomas More Law Center in name recognition as a result. Predictably, the invocation of liberty in their title turns out to be little more than a punchline. They're now threatening a lawsuit against a blogger for designing a parody of a billboard put out by an "ex-gay" ministry. Here's the parody:

straight_unhappy.jpg

And here's the response:

The billboard, sponsored by the "ex-gay'' ministry Exodus International in Florida, read, "Gay? Unhappy? www.exodus.to.'' Watts, 26, a web developer for O'Reilly Media in Sebastopol, felt compelled to respond when he saw the billboard on a Web site in September.

"It was pretty immediate. It took about 15 or 20 minutes. I felt it was pretty offensive, unfair and mean spirited. I wanted to respond in a productive way,'' Watt said.

His response was an altered version of the billboard that he posted on his blog. It read, "Straight? Unhappy? www.gay.com.''

Now, to a sane person this sounds like the sort of parody that is absolutely protected by the first amendment. In fact, given their connection to Falwell, they certainly ought to know that the Supreme Court ruled, in a case involving him, that if something is done as a parody it is protected by the first amendment no matter how heinous or offensive the content might be. To "Liberty" Counsel, however, it's an opportunity to sue to stifle the free speech of this blogger.

The ACLU stepped in and sent a letter in response to Liberty Counsel's cease and desist letter and the group appears to have backed off. They're now claiming that since he removed the Exodus International logo, they're fine with it, but if you look at the original cease and desist letter you'll see that this was only one, and in fact the last, of their claimed legal rataionales for why he had to take it down. The reality is that they threatened a silly lawsuit and backed off when he didn't crumble and got the ACLU involved.

Comments

For all my fellow Christians out there.

Let's sing!

"And they'll know we are Christians, by our hate, by our hate..."

I know it's nothing new. The KKK wrapped itself in Christianity, even as it lynched Christians (black ones) and burned crosses.

Sigh.

Posted by: Jim Ramsey [TypeKey Profile Page] | March 27, 2006 11:24 AM

The sad thing is, lawyergrams to individuals, be they from political orgnizations, or even big corporations "protecting their intellectual property," will frequently scare people off, thereby producing a chilling effect on free speech.

Civil law is a necessity, but too often it is used as a tool for the strong to bully the weak.

Posted by: Rob Knop [TypeKey Profile Page] | March 27, 2006 11:39 AM

Ed,

They just define "liberty" differently. They mean the liberty to force their brand of Christianism on everyone.

Posted by: Bill Ware [TypeKey Profile Page] | March 27, 2006 12:48 PM

Ed,

This has spawned other parodies like the ones here (scroll down).

Posted by: Bill Ware [TypeKey Profile Page] | March 27, 2006 12:54 PM

I just looked at his site and his latest entry shows a scan of an article about this in the New York Times - including a screen shot of his web page with the parody image. So the Liberty Counsel now gets to look like jackasses to the readership of NYT and managed to launch both the blogger and the offending image into national news. I just have to catch the next few days of The Daily Show, it's just their cup of tea.

Posted by: Treban [TypeKey Profile Page] | March 27, 2006 11:25 PM

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