Glenn Beck Loses Lawsuit Over ‘Murder And Rape’ Website
It would be hard to find a current public figure more rigorously exercising his constitutional right to freedom of speech than Glenn Beck. Alas for Beck, the First Amendment may not be his best friend in this instance.
You may recall that in early September we reported on the existence of the website www.glennbeckrapedandmurderedayounggirlin1990.com. The Internet meme, “Did Glenn Beck Murder and Rape a Young Girl in 1990?” (answer: no), initially began as a Fark thread and was shortly thereafter developed into its own website, attracting a great deal of attention. It probably goes without saying that Glenn Beck was not thrilled by this and quickly filed a lawsuit against the site’s anonymous owners. From our post at the time:
Beck’s lawyers went after the domain registrar, asking it to take the site offline and turn over the name of the site’s anonymous owner. They also filed a case with the World Internet Property Organization, “the group which handles the worldwide domain dispute resolution process, on the grounds that the new website was improperly using Glenn Beck’s trademarked name.” Techdirt has a copy of the domain name dispute his lawyers filed here.
No such luck for Glenn Beck. The World Internet Property Organization (WIPO) has just ruled that the site, described by its owner Isaac Eiland-Hall as a “satirical critique of Beck’s conspiratorial politics,” was “strongly protected” under the First Amendment. A ruling, which I imagine may further open a floodgate for the creation of similarly extreme sites should Beck remain as zeitgeisty and controversial as he has been these last few months. From the ruling:
WIPO’s arbitration panel agreed that the website appeared “to be engaged in a parody of the style or methodology that (Eiland-Hall) appears genuinely to believe is employed by (Beck) in the provision of political commentary, and for that reason (Eiland-Hall) can be said to be making a political statement.”
So there you have it, First Amendment practitioners make strange bedfellows. Eiland-Hall, however, was apparently not satisfied with merely winning the case. After the decision was announced Eiland-Hall opted to hand over the website domain name (the site is now down) to Beck, himself, accompanied by this letter:
“It bears observing that by bringing the WIPO complaint, you took what was merely one small critique meme, in a seas of internet memes, and turned it into a super-meme. Then, in pressing forward (by not withdrawing the complaint and instead filing additional briefs), you turned the super-meme into an object lesson in First Amendment principles…
Rather than choosing to strive for excellence and civic contribution, you simply pander the fears and insecurities of your audience. And in the process, you do them, and us all, a great deal of harm.
Shame on you Mr. Beck…”
So, perhaps one lesson here is: live by the Constitution, put up with Internet by the Constitution. We’ll have to wait and see whether Beck, a very vocal lover of the Constitution and all those involved in the writing of it, makes a public response to this when he returns to his show later this week.
41 comments
Wouldn’t he have some sort of defamation/libel suit? This seems like the equivalent of yelling fire in a theater or something….
I can’t tell you the number of times people have repeated the idea that it is true, or asking if it is true.
I just don’t get how this can be protected.
germ says: They problem with defamation/libel (if I remember correctly from my journalism classes years ago) is that he is a public figure and would have to prove some sort of financial loss directly from that website. Also, that website had a tiny disclaimer saying that it was a “satire” site.
Was the site in good taste? no. Was it against the law? no.
ImNotBlue says: It’s an interesting argument that Beck’s lawyers made. “Beck” is a trademark, and thusly can’t be used without the consent of the trademark holder… ie, Beck. I’m not sure, however, that this was a winnable argument… and even if it was, the repercussions could have been dire. Picture Beck winning the trademark suit, and now anytime a site mentions MSNBC, FOX News, CNN, Obama, the White House, etc. they have to get consent before hand. Yikes!
That said, perhaps winning the suit wasn’t really the goal… rather bringing the site to light, and exposing the creator. It really says something about the person who would be willing to exploit the very serious crimes of rape and murder, to attack someone they disagree with politically. It says something ever more disgusting about those who gladly went along and supported this site, simply because they hate Beck so much. They can yell and scream that Beck is terrible, but the lack of maturity and class the apparently endorsed when supporting this site leaves them without a leg to stand on. Perhaps the suit helped expose that.
DWHarper says: It was a political joke and , sorry people, that is protected in the First Amendment. Precedent was set in the Larry Flynt case where Falwell was satired in a similar manner. When Beck stops his political damning of good American citizens, then he will get relief. For now, he gets to pay legal bills and I am happy with that too.
‘Wouldn’t he have some sort of defamation/libel suit? This seems like the equivalent of yelling fire in a theater or something”
Nope. It is parody and protected speech. If it were not protected speech, Beck would be out of work immediately. He uses the same tactics of extreme hyperbole and exaggeration that this site used. As a public figure, Beck has to accept parody and such. There was no serious effort to label him a murderer by the site in the same way I am sure Beck did not mean Obama is a racist. He was just using parody and sarcasm. Well, that works in both directions.
The fact that Beck is so thin skinned that he felt his First Amendment rights were bigger than the site’s owners tells a big story about the Becks and Olbermanns of this world.
It tells us they are not rapists or murderers. They are cowards. Hiding behind microphones, cameras and network security. Hiring armies of lawyers to protect their oh-so-precious reputations while shredding the reputations of everyone else. Cowards. Useless, pointless cowards making a living by scaring the junk out of everyone with nonsense and blather. Both sides.
germ says: @Keeva
You are a shining example of how radical progressives have no moral ruler or compass. How can you compare Beck’s satrical commentary, with this?
I guess Beck’s satrical commentary of the mobsters of “The Untouchables” or the faceless “idot” he portrays when poking fun at the mindless progressives that just repeat the latest Olby or Maddow line equates to a disgustingly vicious viral progressive movement.
But, then what do I know, I think for myself.
ImNotBlue says: germ says:
November 10, 2009 at 2:26 pm
You’re wrong about Keeva. He/She just hates everyone and everything on television. Beck is a coward. Olbermann is a coward. The guy running the camera is a coward. The security guard is a coward. Etc. Keeva has very little respect or like for journalists and journalism… however, why he/she posts around here, is still a mystery.
_____________________
But I’m still waiting for one of the rabid anti-Beck folks, who thought this site was a “good thing,” to tell me why exploiting rape and murder to attack someone with whom you disagree politically is a “good thing.”
The “logic” of “Well, Beck does it too,” (which is a lie) is pretty easily disregarded with actual logic that say, “If Beck does it, and you think he’s ruining the country for doing it, why are you doing it too? Aren’t you then ruining the country yourself?” Of course, that question doesn’t get answered, and the subject is most often changed back to bashing Beck… not acknowledging the hypocrisy, or the offensive nature of this personal attack.
When it comes to Beck… all is fair, apparently. No matter how dirty your hands get, the ends justify the means when it comes to slamming someone politically inconvenient. Now THAT’S cowardly.
Ted says: He could clear this ugly episode up by simply drawing a diagram on his chalk board showing how he did not rape and kill a young girl in 1990. If he has photos that would help.
PS – It’s axiomatic that fans of Glenn Beck DO NOT think for themselves. Its just the way it is…I’m sorry.
germ says: @Ted
How about explaining yourself besides just spouting off insults? Oh yea, forgot, progressives don’t explain, they just spout crap until something sticks, then repeat it indefinitely.
[blockquote]PS – It’s axiomatic that fans of Glenn Beck DO NOT think for themselves. Its just the way it is…I’m sorry.</blockquote]
Although that axiom has been successfully repeated by the Media Matters, HuffPo, and Olby sheep does not make it true.
One thing Beck has strived for the past few months is backing up his contentions with solid facts. The cited site is creating or perpetrating a slanderous rumor and then Beck opponents are equating that with Beck’s revelations. These are the same people who claim he slandered Van Jones as a communist by playing numerous tapes of Jones uttering those words.
(ASIDE: It’s ironic that those who accuse Beck fans of not thinking themselves are parroting those words from Olberman/Maddow.)
Jelperman says: I notice that Glenn Beck has never once denied raping and murdering a girl in 1990. All he did was file a bogus claim to try to remove a site that pointed out that there is a serious about whether he did or did not rape and murder a young girl in 1990.Until he answers the question about whether he raped and killed a young girl in 1990, we should be suspicious of Glenn Beck.
@germ
How come it is satire when Beck says it? And not on that web site? Is there some kind of magic line? Note that Beck, Olbermann and even Scarborough have pulled the “parody/satire” line out of their rears when they get caught. So, what? it only applies on TV? Read the Daily Onion lately?
@ImNotBlue
Actually, I like the camera folks. They do a very good, very difficult job and do it well. It is the so-called “journalists:” that I have problems with. It is important to note that I consider Beck, Olbermann, Hannity, Maddow and the rest of those pundits are NOT journalists. They get paid to toss opinions around. My issue with that crowd is their thin skinnedness. They can insult anyone, but cannot take even the slightest insult back.
Contessa Brewer – bad journalist. She cannot keep her opinion to herself with a ball gag. Trace Gallagher – same thing. Wears it on his sleeve while claiming to be unbiased. And those are just 2 examples.
“But I’m still waiting for one of the rabid anti-Beck folks, who thought this site was a “good thing,” to tell me why exploiting rape and murder to attack someone with whom you disagree politically is a “good thing.””
It is not a good thing, but it is a Constitutionally protected thing. And the pundits listed above all do the same thing. They exploit any and every little thing they can, to the point of almost making it up. And that is their right. A right I would fight to protect, even if I disagree. The founding fathers knew that the First Amendment would be needed to protect unpopular speech. Popular speech needs no protection.
The coward thing is simple. All of those clowns are cowards. They rarely have a dissenting view around. They bully everyone who disagrees. They call names and then sue any that call them names. And they do all of that from behind the protection of a network security staff (who are NOT cowards.)
And yes, I am disgusted with the state of the news media today. Everyone spins everything. Nothing is straight up reporting anymore.
As to why I post, well, I have opinions, too. And I post them everywhere. I am a No Party Affiliation free thinker. At Some point this endless mud tossing contest between left and right will have to end if we ever expect to progress at all. Until then, I guess it is game on.
By the way, my oldest son is a journalist and I am proud of him. He worked hard to get his job and works even harder to keep it. I may not agree with him all the time, but he is doing what he can to raise my granddaughters and take good care of them. So I don’t hate ALL of them.
Ted says: germ, Shark – Unless you have some proof that St Glenn did NOT rape and kill and a young, innocent girl in 1990, then you leave me no choice but to connect the dots and conclude that besides being a nut job, or perhaps because he is a nut job, he may have indeed committed the crime.
But a little chalk and a board could clear it all up. By the way, it is a well known fact that Glenn Beck fans DO NOT think for themselves. Everybody knows that. Good luck to you sirs and/ or madame’s.
@Ted
It does not work that way here in America. Mr. Beck is innocent until proven guilty – not the other way around. Your post implies that he somehow is required to prove his innocence. And, as far as I know, he has not been proven guilty of anything, thus he remains innocent.
Try reading the actual Constitution once in a while. Even raving pundits like Beck are entitled to the same rights as everyone else. Connect all the dots you want, but they do not add up to anything more than supposition.
This is what sets me off. The total and complete disregard for the rights of the other side of any debate. Beck is innocent until proven otherwise. Period. That is how we do it here in America.
(Yes, I am defending Beck on this one. He has the same presumption of innocence as everyone else and I respect that even while I do not respect Beck himself.)
germ says: @Ted, @Keeva
The difference is that Beck uses satire as entertainment to drive FACTS ( you know, those things that get in the way of the progressive) home.
@Ted
The difference between what you are doing and what Beck does is that he uses FACTS for the point then adds satire for some entertainment.
If you think that there is no difference between Beck spoofing on “the Untouchables” while backing up his points with FACTS (he asks that people disprove the facts that he has shown since progressives would rather attack his point than argue the FACTS) compared to this dispickable, low-life crap, asking where is the proof! then there is nothing I have left to say..
Ted says: Keeva – I’m sorry to have to tell that it does work that way in America. I don’t make the rules; it’s just a fact.
And speaking of facts, Glenn Beck would not recognize one if it exploded in his colon. Glenn Beck is a big dope; its in the dictionary…look it up.
Glenn, I’m begging you. A little chalk, a big board…CLEAR THIS MESS UP!!!
ImNotBlue says: Keeva says:
November 10, 2009 at 5:24 pm
Actually, I like the camera folks. They do a very good, very difficult job and do it well.
Eh… it’s all robots now. One guy with a joystick… but perhaps I’ve gotten off topic.
It is not a good thing, but it is a Constitutionally protected thing.
I’m not arguing that… in fact, in my original comment, I said that if Beck had won, then “trademark infringement” could spell doom for a lot of other people, including websites like this. But just because you CAN do something, doesn’t mean it’s good that you do. I want someone to tell me why it’s GOOD… not just doable.
Okay, Keeva… now I think I know where you’re coming from. I may not be 100% there with you, but now I know… and can understand what you’re getting at a little better. I agree that a lot of journalists throw themselves into their stories too quickly and too easily, but at the same time, a lot try not to… success and failure on that is largely subjective. Pundits get paid to debate, and sometimes passion gets confused for bullying… and sometimes it is bullying.
Alright… now that I know where you’re coming from, I can build my arguments against/for your comments with some specificity and target. Good! I hope we can dialogue in the future.
Ted says:
November 10, 2009 at 5:24 pm
So you’re cool exploiting rape, because you dislike Beck. Please let me know why the raping of an innocent boy or girl, is an acceptable device when attacking Beck.
Ted says: ImNotBlue – I’m just asking questions; questions you won’t hear the msm ask. Since when is in unAmerican to ask questions in this country? I think it was Jefferson who said, “if Glenn Beck won’t deny that he raped and killed a young girl in 1990…then connect the dots…I’m just saying.”
I’m pretty sure it was Jefferson…maybe Limbaugh. Correct me if I’ve got it wrong, but I don’t think I am.
ImNotBlue says: Ted says:
November 10, 2009 at 6:46 pm
Well… no. You’re not “just asking questions.” You’re exploiting other people’s pain and horror, for political gain.
The difference between what Beck does, and what you (and people like you) do is that Beck has a factual foundation on which to begin. This foolish question (which is stated as parody… something folks like you don’t quite understand) came out of thin air… thusly, the analogy doesn’t work.
So… answer my question… why is exploiting the crimes of rape and murder an acceptable tactic in attacking a political opponent?
I suppose, by your non-answer… you don’t have one. You can’t really justify being so cruel and despicable… so you won’t. Truly disgusting.
m says: >The difference between what Beck does, and what you (and people like you) do is that Beck has a factual foundation on which to begin
The fact that it has no factual foundation is what makes the point.
It’s EXACTLY what Glenn Beck does on a daily basis: makes stuff up and demagoguery.
>You can’t really justify being so cruel and despicable… so you won’t. Truly disgusting.
I wish you could’ve said the same thing when Beck accused Obama of having a deep-seething hatred of white people. Or when he make stuff up and accuses hard working men and women of this country of basically being anti-American traitors.
I think Glenn Beck deserves every piece of shit tossed at him. Even if this satire is nasty, it’s justly deserved. He’s a despicable human being who adds nothing but poison to the political dialogue in this country.
germ says: @m
It’s great how Beck haters can vaguely say:
>The fact that it has no factual foundation is what makes the point.
>It’s EXACTLY what Glenn Beck does on a daily basis: makes stuff up and demagoguery.
Care to share any examples? Oh, that’s right you can’t.
> I wish you could’ve said the same thing when Beck accused Obama of having a deep-seething hatred of white people.
Beck said that because of the President’s own comments. If I would have said that someone was a “typical Black man,” I would have been put in jail for a hate crime and rode out of town as a racist. How is that any different than what President Obama has said?
Pablo says: 1. A WIPO dispute is not a lawsuit.
2. A WIPO dispute has exactly nothing to do with the First Amendment. You can tell by the way it’s the WORLD Internet Property Organization.
Do they actually pay you to write “reportage” like this? Because, First Amendment aside, they shouldn’t.
Pablo says: “I wish you could’ve said the same thing when Beck accused Obama of having a deep-seething hatred of white people.”
20 years in Reverend Hatey’s church can do that to a guy.
marquis says: Ya gotta love these whinyass liberal douchebags who just love getting their hate on at the mere mention of Glenn Beck. It only serves to send the ratings into the stratosphere.
Jim Treacher says: Hey, if Glenn Beck just makes stuff up, how come Van Jones doesn’t work in the White House anymore?
marquis says: What are you talking about?! Van Jones still works at the WH!
*Waffle House* that is…he makes a meanass omelette!
boofus says: I don’t watch or listen to Glenn Beck. From what I’ve seen secondhand, I agree with some of what he says, and disagree with somewhat else of what he says.
He has the right to air his opinions.
He also has a tendency to back up his opinions with apparently-unassailable facts. This discomfits his detractors. This is obvious because they attempt to discredit him with base, foul smears of which the most yellow of the yellow journalists of the 1920’s would be ashamed, and from which the most shameless Weekly World News headline writers would shrink. Indeed, the high school English teachers of the “Did Beck do thus-and-such” pseudo-bloggers must be surely hanging their heads in shame, that their students would stoop to such lows.
I would say, “Shame on you!” But apparently “shame” is not a word you understand.
ImNotBlue says: m says:
November 10, 2009 at 9:06 pm
Bull.
I’ll defer to germ, and echo his request that you provide some examples.
Sunnyr says: Glenn, when you are a rich and famous Rock Star, there are all kinds of nasty little MAGGOTS coming out of the wood work to try and take you down. Consider the source and move on. Everyone who counts knows who and what you are. The VERMIN of the George Soros Wing of the Democrat Party are not worth wasting your energy on. SUCCESS IS THE BEST REVENGE, AND YOU HAVE ALREADY WON!! Keep on doing what you do, because no one does it better. Love ya!
TBDave says: The way Glenn Beck should have handled this is very simple. He should make Isaac Eiland-Hall a public figure.
Show his photo on air. Maybe interview his neighbors. Find out how his employer feels about the website. Talk to his parents. Get the opinion of some local rape victims advocacy groups. I doubt they’ll find the joke humorous.
Post his home address, phone number, place of employment, etc. Let’s see what turns up when concerned citizens dig into his past. I’d be very curious to know what skeletons Isaac Eiland-Hall has in his closet.
Ted says: I’m sorry TBDave, but your comments, while clearly 912ish and anti-MAGGOT and anti-VERMIN, do not address the salient point of this thread, and that is St Becks steadfast refusal to address this ugly rumor. He should think of it as yet another way to get attention and love.
Chalk, board, red phone and facial contortions could clear this up pronto!!! A few tears wouldn’t hurt either.
Pablo says: I take it, Ted, that you didn’t actually read the thread. Had you done so, you’d have noticed that your juvenile question was answered directly in the post.
Reading is fundamental. Give it a try.
Ted says: Pablo – I am a big fan of Glenn Beck. I have listened to him for years; watch him when I can. But something inexplicable has happened. My IQ has dropped sharply, I can’t read (the fundamentals you astutely inform me of). I am even thinking of becoming a 912er, a teabagger if you will. And that would make me a dumb ass, but a proud dumb ass, although not necessarily a MAGGOT or VERMIN but we can discuss.
Good luck to you sir or madame!! GLENN, CHALK BOARD, FREEDOM!!
Pablo says: Ted, I’m sure you can fix that with a course of Rachel Maddow. Now, you may be tempted to skip right to the hard stuff and start watching Olbermann, but trust me – you’re just not ready for that.
Baby steps, Ted. Baby steps. One day you’ll be ready to speak real TROOF TO POWER! but you’ve got to give it time. Good night and good luck.
He lost the fight but the owner of the website shut it down? Doesn’t sound like a lost fight to me. Beck has exposed the socialism in the heart of Washington. For this we owe him. God Bless Glenn Beck. I have never listened to his radio show for more than 30 minutes or his show on Fox for more than 15 minutes. What little I have listened to I have to say I agree mostly with what he says. Substitute “Bill Clinton” or “obama” or the Botox Queen, Nancy Pelosi and see how fast the site would be shut down. Conservatives seem to live by a set of rules that do not constrain the liberal zombie elites. Could you imagine if a Conservative set up a similar site and injected Keith Olbermann’s name. Or a Nazi site starting a website denying the holocaust…why do one set of people live by different standards then the other. Mr. Beck you’re winning because if you weren’t and were irrelevant this site would have never surfaced. My advice to you is keep up the onslaught on godless socialism and zombism. Character counts.
Ted says: Pablo – I don’t know who Maddow or Olbermann are. I like you obviously, watch and listen to Glenn Beck and only Glenn Beck, therefore, we are brothers in dumb-ass-ness!! I’ve even started to wave my arms wildly while making muppet noises and contorting my face. It ain’t as easy as it looks.
Chuck – just an fyi because I know how fans of Glenn Beck are such sticklers for facts. He gave the domain name back to GB. But the site is up, different domain name. I await your mea culpa good sir!
COME CLEAN GLENN AND YOU’LL BE FORGIVEN!!!
joyceann says: Liberals are such an irate angry bunch it makes me sad for them. If they weren’t so ignorant and close minded they may be able to join Mainstream America and thrive and even find happiness and peace.
shootfromthehip says: Irate? ha. We are actually happy. Look at all the whiny comments above. All from conservatives. I’ve been laughing my head off seeing how irate and angry you all are getting at what is a perfectly obvious joke (with a serious point about Glenn just “asking questions”) about how Glenn Beck raped and murdered a young girl in 1990.
shootfromthehip says: Also, last time I checked, liberals ARE mainstream America. Obama won the election by 10 million votes and we hold majorities in the House and Senate. I know it sure seems like we are the crazy fringe if you watch Fox News, but that’s a reality and meme created by conservatives, for conservatives, for money. You are falling for their narrative (and the advertisers thank you!).
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