The First Amendment protects satire and parody as a forms of free speech and expression. South Park, the Simpsons and Family Guy Parody current adult life and are protected by the constitution.
As President Clinton and Bush have found out, citizens can malign, disparage and lampoon public figures. Under New York Times v. Sullivan and Falwell v. Hustler Magazine, speech that is critical of public figures only loses its First Amendment protection if it contains a false statement of fact, the falsehood is uttered deliberately or with recklessness as to its veracity, and the speech ends up defaming and injuring the figure's reputation or intentionally inflicting emotional distress. In other words, speech involving public figures, including parody and caricature, is constitutionally protected unless the speaker is deliberately or recklessly lying about a public figure.
2007-07-24 11:39:13
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answer #1
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answered by Village Player 7
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Simple - who would sue, and for what? If a politician would sue for their policies being made fun of - it would be a field day for the other side's lawyers. Lawsuits are civil cases - you can't avoid the witness stand. The lawyers would get Bush on the stand and run rings around him showing how stupid and out of touch he is. (Why do you think they heavily stage manage his press conferences?) I'm sure Jon Stewart's staff would help as evidence consultants. The final defence is "it was parody". Nobody is really expected to believe Bush is, let's say, the anti-Christ. As long as his reputation isn't damaged (how would a politician prove it was???) he'll lose. In most commentary about politicians or other public figures, the rule is that you don't gain anything by suing unless the claim is patently vicious and false; in the USA, for public figures, you have to prove that the publisher KNEW it was false and deliberately published it anyway, to deliberately inflict hurt. That's a pretty tough thing to prove. As for racial slurs - well, first you can get away with a lot when you're trying to be funny. (See Chris Rock). To be sued, you actually have to hurt someone, and they ahve to prove damages. Most racial slurs that result in real legal action are actually discrimination cases - "they didn't hire me / serve me because i'm ----". In the Don Imus case, there was no lawsuit in the wind at all. It was basically the sponsors and the network worried about people boycotting them.
2016-05-17 13:36:42
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answer #2
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answered by ? 2
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Because they are protected under the parody doctrine, which is an integral part of free speech.
The courts analyze it this way -- will the average person viewing the material automatically assume that the person being portrayed approved or endorsed the message, or would the average viewer take the materials as commentary ABOUT that person being portrayed.
In those cartoons, it's fairly obvious the intent is to comment about the person, and not to say that the person actually did those things or said those things. So, it falls under parody and social commentary protections.
2007-07-24 11:59:05
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answer #3
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answered by coragryph 7
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Satire is very well protected, and you are allowed to make fun of public figures all you want. They do not have the same expectations of privacy under the law as you or me.
2007-07-24 11:22:50
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answer #4
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answered by Johan 3
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Freedom of Speech and the show's owners, producers, etc... are not republican. If they were, I'm sure the world would come down on them like a bear does to honey.
2007-07-24 11:26:23
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answer #5
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answered by Anonymous
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they don't, well family guy did and it was taken off the air
but its called freedom of speech and expression and we have that it america. South Park is actually on cable which makes it immune from lawsuits because you have it as a choice because you pay for it. I have no idea about Family guy but maybe because its on fox and fox is just a completely different beast, it is f'd up
2007-07-24 11:21:52
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answer #6
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answered by Anonymous
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Guess that kinda blows the lib theory on a fascist totatalitarian take- over of their freedoms doesnt it?
2007-07-24 11:21:46
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answer #7
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answered by ? 1
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Because satire is a pretty well protected art form.
2007-07-24 11:20:21
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answer #8
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answered by davidmi711 7
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Easy, freedom of speech.
2007-07-24 11:20:36
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answer #9
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answered by greencoke 5
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well south park is funny
family guy now that should get sued - it just is not funny.
2007-07-24 11:38:26
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answer #10
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answered by Anonymous
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