Palin v. Gawker

Politico's Ben Smith wrote this morning about Gawker's publication of excerpts from Sarah Palin's book, America By Heart, and quotes a number of legal blogs:

Those of use who work every day -- as linkers and linkees -- in the legally unsettled terrain of fair use watch cases like Gawker's posting of pages from Sarah Palin's book, and a judge's order that they take them down, with a great deal of interest.

The Gawker case marks, perhaps, the extreme end of the spectrum, and my brief sampling of legal blogs on the subject this morning suggests that lawyers find it hard to defend.

Writes Eric Johnson:

[M]y initial, very strong, reaction is no, it’s not fair use.

There is actually a U.S. Supreme Court opinion remarkably close on the facts. In Harper & Row Publishers v. Nation Enterprises, 471 U.S. 539 (1985), the high court held that Nation magazine’s unauthorized advance publication of excerpts of Gerald Ford’s soon-to-be-released A Time to Heal: The Autobiography of Gerald R. Ford, did not qualify as fair use.

Smith also quotes from William McGeveran, Garry Wise and William A. Jacobson. I don't know how these attorneys' political views factor into their opinion, if at all.

In closing, Smith quoted Sandra Baron of the Media Law Resource Center. Smith wrote, quoting her, "It is a very troubling aspect of the case where in an instance where theoretically what they’re really seeking is to keep someone from eating their lunch, in fact what they’re getting is a pre-trial prior restraint," she said, suggesting that politicians or other figures could make similar arguments in trying to suppress stories. This seems to me to be a red herring: Palin v. Gawker is a copyright case, not a prior restraint case. If it were a prior restraint issue, the suit would have been brought before Gawker published.

Palingates did much what Gawker did. Why aren't they under the gun? Shallow pockets? Palin considers them to be useful idiots? Likely.

I know of at least one case in which one of this blog's posts was copied into the comments at Palingates in its entirety. That is clearly not fair use; it is theft.

Palin Family Circus News - November 15, 2010

Flippin' Geez!

The Washington Post's Alexandra Petri may have written the best review of Sarah Palin's Alaska. It begins:

If real life were like this, to paraphrase a member of the Palin clan, I would be outside 24/7 eating popcorn on a chair. But instead, I'm inside watching "Sarah Palin's Alaska" on TLC. In escalating order, here are the top moments of last night's episode. I would say "I watch so you don't have to," but, actually, I urge you to watch. It's better than Dancing With the Stars!

Ms Petri definitiely has some insights to offer. My favorite was her description of Sarah the hairless bear. At the end of her list of the show's high points, she closes with:

Before watching this, I would have likened Palin, the outdoorsy, folksy, big-stick-totin' country gal, to Teddy Roosevelt. But after watching her climb, I'd say she's more like Franklin.

"How do we get down?" she asks at the end. I hope the entire second episode is just her attempting to get down! If so, it will be riveting television!

Regardless, I can't wait. As Sarah says, " I don't think that I have been that scared or that challenged in a long time."

You can watch "The Five Most Ridiculous Moments from the Sarah Palin's Alaska Premiere" here.

After watching that, how can Palin's fans continue to call her "Madame President?" Karl Rove appears to have been prescient when he said, last month, “With all due candour, appearing on your own reality show on the Discovery Channel, I am not certain how that fits in the American calculus of 'that helps me see you in the Oval Office’.”

And, from ABC's The Note, quoting a New Yorker article about the show: “Why she [Palin] thought that [a reality show] was a good idea, considering that she complained regularly about the media’s intrusion into her family life when she was John McCain’s running mate in 2008 (while, at the same time, frequently putting her children on display), is a mystery,” Nancy Franklin wrote in the New Yorker. “Moreover, you might ask, how seriously will people take her as a political candidate – a Presidential candidate – once she has participated in a reality show?”

I might add that most voters expect candidates to have a much larger vocabulary than "flippin'" and "geez."


The post's photo came from a Mail Online article about the show. Sarah doesn't really mush dogs, but it isn't a bad photo.


Update: Apparently Sarah's Fox News colleagues got a few chuckles out of the show:

Via IM

Update: The Washington Post's TV Column has ratings. It may have been a big night for TLC, but some other shows did much better ... Family Guy and more ...

Palin Family Circus News - Tuesday, November 9, 2010

Sarah Palin may be trying to insinuate that she reads newspapers. The NY Times reported:

... In a post on her Facebook page Monday, Ms. Palin threw a sarcasm-laced jab at a Wall Street Journal writer who had criticized a statement she made about the rising price of groceries. The writer had accused her of “inflation hyperbole” on the Journal’s website. ...

... [S]he noted the irony that perhaps the Wall Street Journal writer criticizing her had not, in fact, read the Wall Street Journal.

“Now I realize I’m just a former governor and current housewife from Alaska, but even humble folks like me can read the newspaper,” she wrote on Facebook. “The newspaper. I’m surprised a prestigious reporter for the Wall Street Journal doesn’t.”

But it's very likely that Palin still isn't reading newspapers. Another article from the NY Times, which was written with the assistance of Palin's spokesperson Meg Stapleton, last February, noted:

She [Palin] reads daily e-mail briefings on domestic and foreign policy from a small group of advisers who remained loyal after her tumultuous vice presidential campaign in 2008.

The Wall Street Journal's account of Palin's dust-up with the paper is here.

Today, The WSJ's MarketBeat column continued the paper's interest in Palin with "Sarah Palin: Monetary Policy Wonk." The article ended, after noting how Palin is abusing the truth about what Ronald Reagan said about inflation, "If you’re gung-ho on the prospect of Madame President Palin, that’s great. Just be careful about taking investment advice from her."

Now, Gawker has confirmed what we already know: "Sarah Palin Still Can't Read or Understand a Newspaper."

There is another challenger to sure-thing Republican nominee Sarah Palin. The NY Daily News reported:

Former [New York] Gov. George Pataki hinted at a possible presidential run on Monday, noting his mayoral credentials were a lot more impressive than potential rival Sarah Palin's.

Pataki joked that Palin's former job as mayor of Wasilla, Alaska, was nothing compared with his one-time job as mayor of Peekskill in Westchester County.

"It was a challenging job, mayor of Peekskill, let me assure you," Pataki said during an interview on ABC News' "Top Line."

"Twice the size of Wasilla."

Pataki also managed to complete his governorship without resigning.

Bristol Palin's False Steps considers Bristol's longevity on Dancing With the Stars. Last night, Bristol made a move that judge Bruno Tonioli called “the Pencil Sharpener.”

Updated November 10: Bristol not only survived another week, she has made it to the DWTS semi-finals! CBS Predictions isn't giving her much chance of success, however:

Despite receiving the lowest scores after Monday night's performance, Bristol Palin and her dance partner Mark Ballas have made it to the semi-finals of "Dancing with the Stars." Former football star Kurt Warner was sent home on Tuesday.

Bristol's continued success in not getting voted off the "DWTS" island is due in part to fans of her mother, Sarah Palin.

She certainly hasn't wowed the judges, typically receiving among the lowest scores from the judges throughout the competition. The judges try to be kind and offer some compliments, but it is faint praise. "It's so important getting those heels and toes right. And by and large, Bristol always does that," judge Len Goodman told Bristol on Monday night's show.

Odds are that Bristol will not win. Even if she won the phone-in vote, the judges would have a major issue giving her the trophy versus Jennifer Grey or Brandy, both of whom outshine the 20-year-old teen advocate by a wide margin on the dance floor. Whatever the outcome, Bristol challenged herself on a national stage, made some good money and provided another outlet for the Palin media machine. ...

Don't you worry, Bristol. Enjoy laughing on your way to the bank.

Leaked email exposes Palin/Miller rift. Given a chance to redeem himself, Miller damns Palin with faint praise.

Mudflats broke the news of Todd Palin's anger over Joe Miller's evasiveness when he was asked whether Sarah Palin is qualifed to be President:


... An irate email written by Todd Palin seems to confirm his wife’s presidential ambition, and revealed his anger at Alaska Republican Senate candidate Joe Miller. The email demands that the treasurer of SarahPAC, Tim Crawford, “hold off on any letter of support for Joe,” and came on the heels of an interview Miller gave to Neil Cavuto on Fox News Sunday. ...

The email in the first box -- from millerlaw -- comments on an email, in the second box, from Todd Palin to Joe Miller, Tim Crawford, SarahPac's treasurer, and Thomas Van Flein, attorney for Palin and Miller:

Click to enlarge (From: Gawker)

Does Todd Palin's statement, "I DON'T KNOW IF SHE IS," mean that he doesn't know whether Sarah Palin is going to run or that he doesn't know whether she is qualified to be President? Could he be expressing what he thinks Joe Miller thinks? Joe Miller didn't say, "I don't know."

Salon, from which the post's photo was taken, has a post about the email leak, as does Seattle's Post Intelligencer, whose story also tells of Joe Miller's latest attack on The Constitution: He wants to repeal the seventeenth amendment.


Update: Today, Miller damned Palin with faint praise: She's constitutionally qualified:

Grizzly Family Circus News - Tuesday, October 5, 2010

WILMINGTON — Before she was a Tea Party cause célèbre, liberal laughingstock and perhaps the embodiment of a can-you-top-this-for-bizarre political season, Christine O’Donnell grew up in a “Brady Bunch” household of six kids (three Democrats, three Republicans), two parents (one of each) and an appreciation for the dramatic, the eccentric and the media spotlight. From: Chrissy the Pooh's father played Bozo the Clown


"West Wing" creater Aaron Sorkin reportedly said, "Sarah Palin is an idiot. A remarkably, stunningly, jaw-droppingly incompetent, mean woman."



He did! Elliot Spitzer got a job! Jack Nicholson for President!




"Palin, Obama star in 'NBA Jam'"


"Levi Johnston in Brittani Senser's 'After Love' music video: Bristol Palin ex makes sexy video debut"...





"Dancing With the Stars Judges Bash Bristol Palin's Awkward Routine"



"Bristol Palin Is the One Who Needs Votes on DWTS"

"Bristol Palin Explains Why She Danced So Badly"


Update: Gryphen has news about Jay Leno going to Alaska. Wouldn't it be something if he does a show with Sarah Palin, then, while she's sitting there, announces a surprise, special guest named Levi Johnston?

Palin Family Circus News - Monday, September 27, 2010 -- Updated !!!!!!!

From the AP:

LOS ANGELES — Sarah Palin may be outspoken, but she kept her opinions to herself on "Dancing With the Stars."

The former vice-presidential candidate was in the ABC ballroom Monday to cheer on her daughter, whom she called "Bristol the pistol."

Palin had only good things to say about her daughter's competitors and the show's three judges when interviewed briefly by show host Tom Bergeron.

Palin praised the "courage, joy and exuberance" of the dancers and kept mum about the judges, saying, "It's like a hockey game. You're not going to chew out the refs before your team is up." [emphasis added]


Leave it to Mama Sarah Palin to cheer on her favorite daughter Bristol, or as she likes to call her... Bristol the Pistol. Look for this on T-shirts in the very near future.. natch.


Did Sarah Palin Just Get Booed on Dancing with the Stars? ... Celebrity Cafe has a story, too.


The NY Times' Arts Beat blog provided the post's photo and has a story about Sarah Palin's "interview."


Update: From USA Today:

Highlights and scores of the night:

- Judge Carrie Ann Inaba said, "Bristol, you remind me of one of my favorite dancers - Kelly Osbourne." ...

- Jennifer Grey's energetic jive only earned a 24 from judges, despite Carrie Ann saying, "You were amazing from start to finish!" and Len declaring, "It was full-on fabulous." The audience booed when the 8, 8 and 8 score paddles went up. She deserved higher. [emphasis added]

The leaderboard:

Jennifer Grey 24
Audrina Patridge 23
Kyle Massey, Bristol Palin 22
Rick Fox, Brandy and Kurt Warner 21
Florence Henderson 19
Margaret Cho, The Situation 18
Michael Bolton 12

Think Michael Bolton's going home? On Tuesday's results show, look for Seal and Janelle Monae to perform.

Update: Washington Post's The TV Column has a story about the booing. Were they booing the judges or Sarah Palin?


Update: CBS has a story quoting one of the judges:

The judges said Bristol needed to engage the audience more in her performance. "It's not quite there," judge Len Goodman told Bristol. "It was neat and precise, it's just needs a bit more flair....You've got to take chances if you are going to win 'Dancing With the Stars.'"

Update: E! Online writes:

Bristol Palin, meanwhile, kept her nerves in check even though mama bear was in the audience and continued to represent. Her quickstep wasn't as polished as Audrina's, but she's just as enjoyable to watch—if not more so.

Update: The Daily Mail has a story with a lot of pictures, and offers some evidence that Sarah Palin can't dance:

It [Bristol's appearance] was introduced with a clip showing her visiting the family's home in Wasilla with partner Mark Ballas.

Bristol is asked how she likes Los Angeles compared to home.

'It's like a night and day, the difference,' she said. 'I like it, but I like Alaska better.'

After standing by a stunning lake, Ballas is greeted with a bear hug from Sarah as they walk into the family home's enormous living area.

With husband Todd and a baby visible in the background, the politician screams out to Ballas: 'I'm so star struck! How are you? It's nice to meet you, thanks for taking care of my girl.

'We had so much fun watching you, we were just whooping and hollering!'

To laughter from the audience, she then attempts to copy her daughter's shimmy of the arms and shoulders from last week's performance, saying: 'I thought, "how did she do that?"'

Update: LA Times' Show Tracker asks whether Sarah was booed.


Update: The NY Daily News wrote, in part:

Prior to the 19-year-old taking the stage, ABC aired footage of Bristol's highly publicized trip with her partner to Alaska last week. In the clip, the 19-year-old explained that she took Ballas home with her to thank him for being such a great teacher - and to introduce him to her mom, his biggest fan.

"I'm star struck," Sarah Palin said as she welcomed the dance pro into her home. "Thanks for taking care of our girl."

She told Ballas that her family had been "whooping and hollering" during the show's premiere as he and Bristol danced to "Momma Told Me Not to Come."

She later tried to get him to spill the beans on their dancing techniques.

"How does she do that…" the politico said as she lifted her arms up and down and made a pigeon sound.

Asked if she was embarrassed to watch her daughter strip off her clothes on camera, the 46-year-old responded that, on the contrary, she was "proud" of Bristol for being able to cut a rug in front of 20 million people.

Her daughter then hit the dance floor to perform a quickstep to Diana Ross' "Can't Hurry love." Bristol wore a more reserved costume this week - a lavender dress with silk gloves up to her elbows - as she and her partner shared numerous Eskimo kisses, no doubt a nod to the teen mom's hometown.

Her mother watched with glee, swaying to the music and clapping.

Bristol and Ballas scored a respectable 22 out of 30 (up from 18 last week) and the judges agreed that the ex-governor's daughter was disarmingly relaxed and unaffected.

After hearing her scores, Bristol told host Brooke Burke that she was "so glad" her mom could be there and Ballas added that he was "proud" of his partner before hugging and kissing her.

"Dancing with the Stars'" results night airs Tuesday at 8 p.m. on ABC.

The video:



Sometimes there's a party, and you might just as well go and have a good time.