The National  Memo Logo

Smart. Sharp. Funny. Fearless.

Monday, December 09, 2019 {{ new Date().getDay() }}

Disappointing — and slightly embarrassing — news arrived on Tuesday for conservative Louisiana governor Bobby Jindal, when a federal judge ruled in favor of MoveOn.Org, the liberal organization that put up a billboard in the state slamming Jindal’s refusal to expand Medicaid.

MoveOn had been sued in March by lieutenant governor Jay Dardenne, whose office runs the state’s tourism industry. Dardenne, representing the state of Louisiana, accused the group of slandering the “Louisiana: Pick Your Passion” motto when it set up a billboard in the Baton Rouge area that read, “LOU!SIANA: Pick Your Passion! But hope you don’t love your health. Gov. Jindal’s denying Medicaid to 242,000 people.” According to the suit, because MoveOn.org used the tourism campaign logo to blast an elected official, it had violated trademark laws.

Louisiana billboard

MoveOn.org, however, has refused to take down the billboard, arguing that it represents an exercise of the group’s free speech.

U.S. District Court Judge Shelly Dick sided with the organization, using the First Amendment in her rationale against Dardenne — and, by extension, Jindal.

“The State has not demonstrated a substantial likelihood of prevailing on its burden of proving confusion by viewers of the billboard,” Dick explained in her ruling. “Furthermore, the State has failed to demonstrate a compelling reason to curtail MoveOn.org’s political speech in favor of protecting of the State’s service mark.”

MoveOn.org hailed the ruling on what the group called the state’s “baseless lawsuit.”

“Lieutenant Governor [Jay] Dardenne should apologize to the taxpayers for this waste of time and money – time and money that could have been better spent finding ways to get Louisianians access to healthcare,” MoveOn.org’s civic action executive director, Anna Galland, said.

According to The Huffington Post, Galland says the group is “expanding our billboard campaign in Louisiana.”

The campaign – part of a larger, nationwide campaign against Republican governors who have rejected Medicaid expansion – will likely continue to ruffle feathers in the only state to actually file a lawsuit against one of these billboards.

Dardenne cannot appeal the ruling, but he can file a request for a permanent injunction. Even then, a victory would prove difficult, considering that the state would have to provide evidence of “irreparable injuries” to the state’s tourism campaign as a direct result of the organization’s exercise of free speech.

Still, Dardenne argues that “the governor does not control me or control the Office of Tourism,” and therefore “to use our brand to parody another figure” infringes on the office’s own trademark campaign.

The lieutenant governor – who might run for governor in 2015, and has said that he would not expand Medicaid under Obamacare — adds that there is a “difference” or “distinction” between his office and the governor’s.

For MoveOn.org and proponents of the health care law, however, the ruling is a “victory for common sense,” as Galland put it.

Photo: Gage Skidmore via Flickr

Photo 2 via MoveOn.org

Advertising

Start your day with National Memo Newsletter

Know first.

The opinions that matter. Delivered to your inbox every morning

Jeff Danziger lives in New York City. He is represented by CWS Syndicate and the Washington Post Writers Group. He is the recipient of the Herblock Prize and the Thomas Nast (Landau) Prize. He served in the US Army in Vietnam and was awarded the Bronze Star and the Air Medal. He has published eleven books of cartoons, a novel and a memoir. Visit him at DanzigerCartoons.

Donald Trump

Youtube Screenshot

The baseless claim that the FBI may have planted evidence while carrying out a court-approved search of Donald Trump’s Mar-a-Lago residence on Monday has surged through right-wing media, as the former president’s allies continue their effort to turn their audiences against the probe and shield Trump from accountability.

The FBI searched the premises after obtaining a warrant from a federal magistrate judge and “removed a number of boxes of documents” as part of a federal investigation into whether Trump had illegally “taken a trove of material with him to his home at Mar-a-Lago when he left the White House that included sensitive documents – and then, in the Justice Department’s view, had failed to fully comply with requests that he return the disputed material,” the New York Times reported. Politico concluded after consulting with legal experts on the handling of classified documents that “it’s highly unlikely the DOJ would have pursued – and a judge would have granted – such a politically explosive search warrant without extraordinary evidence.”

Keep reading... Show less
{{ post.roar_specific_data.api_data.analytics }}