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Public Citizen and the ACLU of Virginia today asked a federal court in Lynchburg to dismiss a lawsuit filed by Jerry Falwell against an Illinois man whose Website satirizes the conservative Virginia religious leader. It is Falwell’s second legal attempt to shut down the critic’s Website, which parodies Falwell and his statements about the responsibility of gays for the terrorist attacks of Sept. 11, among other things.
The site, at www.jerryfalwell.com and www.jerryfallwell.com, pokes fun at Falwell’s advocacy of Biblical literalism and his penchant for giving advice. Another page purports to discover a biblical code showing that Falwell is a false prophet.
After the site went up last year, Falwell’s attorney sent the site’s creator, Gary Cohn, a letter demanding that Cohn turn over the domain names to Falwell. Cohn refused. Falwell then filed a complaint against Cohn with the World Intellectual Property Organization (WIPO), alleging trademark violations, even though Falwell had never registered his name as a trademark.
The WIPO rejected Falwell’s claims, so on June 20, Falwell sued Cohn in the U.S. District Court in Lynchburg. He alleged trademark violations and libel.
In a motion filed with the court today, Public Citizen and the ACLU of Virginia asked the court to dismiss the case because the court lacks jurisdiction and because the Website does not libel Falwell.
According to the motion, hearing the case in Virginia would have serious First Amendment implications for Internet users everywhere. Cohn lives in Illinois, is not licensed to do business in Virginia, doesn’t have an office or employees here, and owns no property in Virginia. Cohn’s message in no way targets Virginia residents. Registration of domain names with a Virginia company also is insufficient to establish jurisdiction (and the names have since been moved from Virginia).
“The only reason Falwell filed suit in Virginia is because he lives there,” said Public Citizen attorney Paul Alan Levy. “Yet Falwell is hauling Cohn to a court hundreds of miles from Cohn’s home. If the court were to hear this case, it would set a dangerous precedent. People who type their thoughts about public figures on a computer would think twice if they knew they would have to defend themselves at any spot on the globe where the figure happened to be. That would seriously hamper people’s First Amendment rights.”
“If Falwell were to file suit anywhere, it should be Illinois,” Levy added.
The motion points out that Cohn is not violating trademark law because Falwell has not registered his name as a trademark, and because Cohn’s Website sells nothing, advertises no products or services, and makes no money.
The motion also says Falwell cannot argue that calling him a false prophet is libelous because it is an opinion, not a statement of fact.
“Rev. Falwell is very much a public figure,” added ACLU of Virginia executive director Kent Willis. “He, like politicians and others who choose a high profile life, must expect criticism and parody.”
ACLU of Virginia legal director Rebecca Glenberg is also representing Cohn in the case.
Contacts: Public Citizen: Paul Levy, 202-588-1000; Angela Bradbery, 202-588-7741 Kent Willis, Executive Director, ACLU of Virginia, 804-644-8022