But these arguments were met by laughter in the crowded courtroom, as Fox tried to defend its signature slogan. Part of the network's burden was to prove that Mr. Franken's use of the phrase "fair and balanced" would lead to consumer confusion.
One round of laughter was prompted when Judge Chin asked, "Do you think that the reasonable consumer, seeing the word `lies' over Mr. O'Reilly's face would believe Mr. O'Reilly is endorsing this book?"
The giggling continued as Dori Ann Hanswirth, a lawyer for Fox, replied, "To me, it's quite ambiguous as to what the message is here."
She continued, "It does not say `parody' or `satire.' "
Ms. Hanswirth said Fox's "signature slogan" was also blurred, because people who were not associated with the network, which owns the Fox News Channel, also appear on the cover with Mr. O'Reilly.
Judge Chin said, "The president and the vice president are also on the cover. Is someone going to consider that they are affiliated with Fox?"
The courtroom broke into laughter again.
Ms. Hanswirth replied, "It's more blurring, your honor."
Saturday, August 23, 2003
This must have been fun:
by Atrios at 10:43