Judge to Fox: Drop Dead

From the Associated Press:

Judge denies Fox News attempt to block Franken book over title 'fair and balanced'

A federal judge on Friday denied Fox News Channel's request for an injunction to block humorist Al Franken's new book, whose title mocks the Fox slogan "fair and balanced."

U.S. District Judge Denny Chin said the book — Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right — is a parody protected by the First Amendment.

"There are hard cases and there are easy cases," the judge said. "This is an easy case. This case is wholly without merit, both factually and legally." [emphasis added]...

"In addition to thanking my own lawyers," Franken said, "I'd like to thank Fox's lawyers for filing one of the stupidest briefs I've ever seen in my life."

The ruling opened the door for lawyers for Penguin and Franken to file a motion to dismiss the suit altogether. In addition to denying the injunction, the judge took direct aim at Fox for bringing the case.

"It is ironic that a media company, which should be protecting the First Amendment, is seeking to undermine it," Chin said.

The judge also said the "Fair and Balanced" trademark itself is weak, considering those words are used so frequently "in the context of the public marketplace."

(via Making Light)