In what I can only describe as a masterful parody of herself, Meghan McCain hired lawyer to send a cease and desist letter to Leon Wolf, the Red State writer who routinely satirizes her (and before you ask, no, I still haven’t received mine). It seems the younger McCain — who is, like, totally in touch with the youth of our generation, and so is in, like, the perfectest of all positions to speak as a spokesperson for the generation of youth whom she knows would love being Republicans if only the Republicans would listen to her and the youth of our generation and become kinda Democrats (maverick!) — doesn’t quite like it when it isn’t, say, Sarah Palin, who is the object of pointed criticisms from other Republicans.
— So much so, in fact, that she wants people who criticize her bullied into silence.
A chip off the old block, this one is.
At any rate, worth looking at is Wolf’s attorney’s response letter, which schools the young and Mavericky representative of the youth of our generation (and her attorney) on, among other things, those parts of the Constitution that don’t guarantee the youth of our generation or their elder parents the right to marry same sex peoples and or/ import illegal labor to help really shore up your tamale recipe.
Here’s a taste:
[…] concerning the “Totally Meghan McCain” parodies at RedState.com. I confess that I first took the letter itself as a metatextual parody. To my surprise, on a re-reading, I discovered that you were apparently serious.
Initially, on the nominal merits of your letter: As I am sure you know, 47 U.S.C. § 230 completely immunizes any site that publishes my client’s material from Federal or State liability, insofar as such liability is based solely on the fact that such site publishes his material. This would be true even were Mr. Wolf a paid employee of that website, as explained in Blumenthal v. Drudge, 992 F.Supp. 44 D.D.C. 1998), which is considered one of the great pathbreaking cases in this area of the law. Your threats against the websites that publish my client’s content are completely without legal merit; your only recourse for this content would be against Mr. Wolf personally, under the black letter of Federal law.
Of course, you also have no recourse against my client individually, as his actions were clearly a parody of your client, a well-known public political figure. This activity is protected by the First Amendment from state law suits, including false light invasion of
privacy.[…]
Of course, the subject matter of your letter is a fairly obvious parody to any person of even barely functional literacy. Thus – and your client probably didn’t tell you this – even she recognized that the posts were parodies (or “parody’s,” as she put it). At approximately 8:25 p.m. EDT on September 17th, your client posted to her Twitter feed, “I don’t care about parody’s(sic) or fake names – but falsely putting my name on someone else’s writing is illegal.” She then subsequently deleted this Tweet, presumably when someone told her that “parody’s” were constitutionally protected and it might look bad in a subsequent lawsuit if she were caught admitting in public that these posts were obvious parodies. Not to worry: My client has screenshots.
[…]
My client will not be bullied out of exercising his First Amendment right to make clear his belief that your client is a spoiled, brainless twit who is cheapening the political discourse in this country. Therefore, henceforth, the “Totally Meghan McCain” series may be found at http://pajamasmedia.com for your client’s reading pleasure.
On the off chance that your client actually files the baseless litigation you threatened in your September 23, 2011 letter, Mr. Wolf will pursue all available remedies available under any applicable anti-SLAPP statutes, State law malicious prosecution/abuse of process actions, and/or Rule 11 sanctions. Although I do not envy you the Herculean task before you, please make sure your client understands the potential consequences to her personally – in addition to those her attorney would face – for pursuing this ill-advised course of action.
On a personal and professional note, I am of the firm conviction that the world is a worse place because of unscrupulous lawyers who force people and companies to forego their legal rights simply because they don’t want to pay the fees lawyers to defend themselves – even from suits that are meritless on their face. It is particularly obnoxious when it is used as an effort to chill free speech – political speech, no less – as has become all too common in response to unflattering internet postings.
Well, then. That’s going to leave a mark on the youth of our generation, wouldn’t you say?
(thanks to Benedick)
she has to protect the McCain brand
hence the cowardly hiding behind lawyers
That lawyer has got it going on.
Imagine my surprise when I learned only last week that the prohibition against churches (401[c][3]) engaging in political speech (according to IRS regs) was slyly inserted by then-Senator Lyndon B. Johnson when some non-profit organizations campaigned heavily against him.
For the past several years, pastors have recorded political speech from their pulpits and sent it to the IRS, daring them to come get them, so that the case can go to court and the law (code?) struck down as unconstitutional.
But the IRS doesn’t respond, because they know they’ll lose the case.
Seems politicians have a nasty habit of legal retaliation against people who bruise their vaunted egos.
No wonder freedom of speech is the First Amendment: the Founders knew exactly who they were dealing with.
That, Jeff, is a legal response for the ages.
The best part? Her chiseling lawyer almost certainly briefed her that she would A) be hated for doing this and mocked, though not necessarily in that order, and B) had zero likely chance of legal success beyond Red State chickening out, which they did, immediately.
The second best part? She couldn’t see this happening in advance.
Yep, I’d say it’ll leave a mark, but the mark on this McCain twit will clear shortly and be forgotten quickly. She’ll be committing the same or like-same stupidities in mere months hence, if not sooner. Let’s assume on the upside though, that McCain’s lawyer has a bit more going on, cognitively speaking, and takes the lesson, so not to trouble others with such frivolity in future, eh? Fat chance.
OMG! You people are like so mean. Just because I’m a big woman with boobs you think I’m all dumb and stuff? Racists!
Um, Jeff, were you involved in that legal response? Because that’s going to leave a mushroom shaped bruise on young Ms. McCain’s attorney.
No one cares that you have lawyers. Why would you even bring that up?
Roddy, what RedState.com did disgusts me more than Meghan lawyering up. They caved and took down the columns because “it wasn’t worth their time” to tell the fat bint, “screw you, this is America.”
RedState and their “oh, we just want to get along and not offend people because that’s not helpful” attitude sucks.
My client will not be bullied out of exercising his First Amendment right to make clear his belief that your client is a spoiled, brainless twit who is cheapening the political discourse in this country.
I wonder where I can get that tattooed.
The second best part? She couldn’t see this happening in advance.
Totally!Meghan, like most proggs, has a hard time with that cause-and-effect thingie.
I’m anxiously awaiting Megan’s choice for the Republican nominee. My bet : “Obama”.
HF nailed it in one. She could hardly have chosen a better way to promote the family brand.
I wonder where I can get that tattooed.
Meggy Mac’s ass, so long as the tatooist stocks ink by the gallon.
I have always dreamed of being able to respond to a demand letter in that manner….sigh.
Meggy was acting up to her level of intellect, her lawyer was staring Rule 11 in the face….but Red State wins the Utter Cowardice Gold Star for their cringing response.