Want to read Slashdot from your mobile device? Point it at m.slashdot.org and keep reading!

 



Forgot your password?
typodupeerror
×
United States Government The Courts News

White House Cease & Desists to The Onion 781

raj2569 writes "You might have thought that the White House had enough on its plate late last month, what with its search for a new Supreme Court nominee, the continuing war in Iraq and the C.I.A. leak investigation. But it found time to add another item to its agenda - stopping The Onion (soul sucking, life sapping, irritating, obnoxious, but still free registration), the satirical newspaper, from using the presidential seal." The only joke here is that our tax dollars are being spent on this.
This discussion has been archived. No new comments can be posted.

White House Cease & Desists to The Onion

Comments Filter:
  • No reg link (Score:4, Informative)

    by lastchance_000 ( 847415 ) * on Tuesday October 25, 2005 @09:34AM (#13871117)
    Here [nytimes.com]
  • by Anonymous Coward on Tuesday October 25, 2005 @09:36AM (#13871137)
    You might have thought that the White House had enough on its plate late last month, what with its search for a new Supreme Court nominee, the continuing war in Iraq and the C.I.A. leak investigation. But it found time to add another item to its agenda - stopping The Onion, the satirical newspaper, from using the presidential seal.

    The newspaper regularly produces a parody of President Bush's weekly radio address on its Web site (www.theonion.com/content/node/40121), where it has a picture of President Bush and the official insignia.

    "It has come to my attention that The Onion is using the presidential seal on its Web site," Grant M. Dixton, associate counsel to the president, wrote to The Onion on Sept. 28. (At the time, Mr. Dixton's office was also helping Mr. Bush find a Supreme Court nominee; days later his boss, Harriet E. Miers, was nominated.)

    Citing the United States Code, Mr. Dixton wrote that the seal "is not to be used in connection with commercial ventures or products in any way that suggests presidential support or endorsement." Exceptions may be made, he noted, but The Onion had never applied for such an exception.

    The Onion was amused. "I'm surprised the president deems it wise to spend taxpayer money for his lawyer to write letters to The Onion," Scott Dikkers, editor in chief, wrote to Mr. Dixton. He suggested the money be used instead for tax breaks for satirists.

    More formally, The Onion's lawyers responded that the paper's readers - it prints about 500,000 copies weekly, and three million people read it online - are well aware that The Onion is a joke.

    "It is inconceivable that anyone would think that, by using the seal, The Onion intends to 'convey... sponsorship or approval' by the president," wrote Rochelle H. Klaskin, the paper's lawyer, who went on to note that a headline in the current issue made the point: "Bush to Appoint Someone to Be in Charge of Country."

    Moreover, she wrote, The Onion and its Web site are free, so the seal is not being used for commercial purposes. That said, The Onion asked that its letter be considered a formal application to use the seal.

    No answer yet. But Trent Duffy, a White House spokesman, said that "you can't pick and choose where you want to enforce the rules surrounding the use of official government insignia, whether it's for humor or fraud."

    O.K. But just between us, Mr. Duffy, how did they find out about it?

    "Despite the seriousness of the Bush White House, more than one Bush staffer reads The Onion and enjoys it thoroughly," he said. "We do have a sense of humor, believe it or not."

    KATHARINE Q. SEELYE
  • Commercial purposes (Score:5, Informative)

    by jbeaupre ( 752124 ) on Tuesday October 25, 2005 @09:36AM (#13871141)
    From the NPR report this morning, it seems to revolve around use of the seal of the president for commercial purposes. Pretty cut and dried. Everyone else from IBM to the Red Cross protects their identification. The question is: Is the Onion the only high profile entity to use the symbol? I don't know. Does Saturday Night Live use the exact symbol? Or do they change it slightly? Seems the Onion could do the same. Everybody goes away happy.
  • by tdoane78 ( 540946 ) on Tuesday October 25, 2005 @09:40AM (#13871184)
    Something is sad, but I think it's around your comments assigning blame to the DMCA. Like it or hate it the Onion is potentially in violation of the law.

    TITLE 18 PART I CHAPTER 33 713
    (a) Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States, or the seal of the United States Senate, or the seal of the United States House of Representatives, or the seal of the United States Congress, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined under this title or imprisoned not more than six months, or both.

    (b) Whoever, except as authorized under regulations promulgated by the President and published in the Federal Register, knowingly manufactures, reproduces, sells, or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seals of the President or Vice President, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.

    (c) Whoever, except as directed by the United States Senate, or the Secretary of the Senate on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Senate, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.

    (d) Whoever, except as directed by the United States House of Representatives, or the Clerk of the House of Representatives on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States House of Representatives, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.

    (e) Whoever, except as directed by the United States Congress, or the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly on its behalf, knowingly uses, manufactures, reproduces, sells or purchases for resale, either separately or appended to any article manufactured or sold, any likeness of the seal of the United States Congress, or any substantial part thereof, except for manufacture or sale of the article for the official use of the Government of the United States, shall be fined under this title or imprisoned not more than six months, or both.

    (f) A violation of the provisions of this section may be enjoined at the suit of the Attorney General,

    (1) in the case of the great seal of the United States and the seals of the President and Vice President, upon complaint by any authorized representative of any department or agency of the United States;
    (2) in the case of the seal of the United States Senate, upon complaint by the Secretary of the Senate;
    (3) in the case of the seal of the United States House of Representatives, upon complaint by the Clerk of the House of Representatives; and
    (4) in the case of the seal of the United States Congress, upon complaint by the Secretary of the Senate and the Clerk of the House of Representatives, acting jointly.
  • by christopherfinke ( 608750 ) <chris@efinke.com> on Tuesday October 25, 2005 @09:44AM (#13871215) Homepage Journal
    The Onion advertises and sells goods through its website and hardcopy version, which is indeed "commercial."

    Moreover, if the US Code states that the seal "is not to be used in connection with commercial ventures or products in any way that suggests presidential support or endorsement," then that pretty much paves the way for the White House to decide where the seal can be used.

    Looks like the Onion is out of luck. (And out of humor too, starting about a year and a half ago, IMHO.)
  • Two points (Score:5, Informative)

    by Lawrence_Bird ( 67278 ) on Tuesday October 25, 2005 @09:45AM (#13871227) Homepage
    1) To the original poster - are you incapable of writing your own summary? Nice cut
    and paste

    2) The Onion may be free, but it *is* commericial - it has a lead in ad as well
    as ads on its pages.

    3) The government does this all the time.. they are just glacially slow in doing anything about it.

  • You kids... (Score:5, Informative)

    by Anonymous Coward on Tuesday October 25, 2005 @09:46AM (#13871232)
    You actually bought into the notion of IP.

    Let me help you.

    If you're writing satire, you can use this kind of stuff. And particularly political satire is given wide latitude. So if I were the Onion, I would relish a court fight here. It would give them even more notority, and they would win.

    This proves to me that the White House is actually manned by monkeys. No the smart ones, either.
  • Re:no way to stop it (Score:5, Informative)

    by will_die ( 586523 ) on Tuesday October 25, 2005 @09:47AM (#13871250) Homepage
    The Seal of the President, Senate, Vice-President,etc are NOT the property of the people of the USA they are the property of the government of the USA and there is a major difference between thoses two.
    As for the mis-use of it congress put it rather high, 6 months jail time [cornell.edu].
    Over all not that much of a big issue, someone complained, the customized form letter was sent out as required by federal law, and as you mention the onion will have to make some changes and will probably get a few funny articles out of it.
  • by LocoBurger ( 18797 ) on Tuesday October 25, 2005 @09:53AM (#13871300) Homepage

    As a work of the federal government, isn't the seal in the public domain? Wikipedia certainly think so [wikipedia.org]. If that's the case, the government can't do much of anything to stop the Onion from doing whatever they want with it.

  • by dema ( 103780 ) on Tuesday October 25, 2005 @09:54AM (#13871301) Homepage
    There is a law regarding the seal: TITLE 18, 713 [cornell.edu].

    Whoever knowingly displays any printed or other likeness of the great seal of the United States, or of the seals of the President or the Vice President of the United States, or the seal of the United States Senate, or the seal of the United States House of Representatives, or the seal of the United States Congress, or any facsimile thereof, in, or in connection with, any advertisement, poster, circular, book, pamphlet, or other publication, public meeting, play, motion picture, telecast, or other production, or on any building, monument, or stationery, for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States or by any department, agency, or instrumentality thereof, shall be fined under this title or imprisoned not more than six months, or both. (Emphasis mine)

    Seems like this wouldn't apply to The Onion as a satirical piece.
  • Re:Big deal. (Score:3, Informative)

    by kubla2000 ( 218039 ) on Tuesday October 25, 2005 @10:09AM (#13871425) Homepage
    On that topic, CNN Global now runs The Daily Show's "World Edition" and you *can't* tell the difference.
  • The Law (Score:4, Informative)

    by max born ( 739948 ) on Tuesday October 25, 2005 @10:10AM (#13871430)
    Not sure where they're coming from with this. The use of the seal is covered in Tile 4, Chap 2, sec 42 of the US Code [cornell.edu] which reads,

    The Secretary of State shall have the custody and charge of such seal. Except as provided by section 2902 (a) of title 5, the seal shall not be affixed to any instrument without the special warrant of the President therefor.

    The Onion is obvioulsy a parady which is surely covered by the First Amendment. This is basically a sacred-symbol-protection law which didn't work for flag burning and probably won't for the seal. Be interesting to hear what the courts have to say.
  • Re:no way to stop it (Score:1, Informative)

    by Anonymous Coward on Tuesday October 25, 2005 @10:13AM (#13871463)
    Last time I checked the people owned the government.
  • Re:I dunno (Score:3, Informative)

    by ajs ( 35943 ) <{ajs} {at} {ajs.com}> on Tuesday October 25, 2005 @10:27AM (#13871581) Homepage Journal
    It's not a matter of confusion, but of the nature of the seal. This is not a trademark.

    This might be hard for most people to understand these days (since we don't use seals the way we used to), but let me use an analogy. Let's say that The Oninon put up a story which featured your company's CEO's signature. I'm sure that within a short span of minutes, they'd get some pretty irate calls from your executive management team. Same exact deal here. The President's signature is actually not terribly potent, as he is only the temporary holder of the office. What's important is the seal which represents the office, regardless of who holds it. It's more than a flag or a signature or a logo. It's represents the authorization of the President of the United States. This is why you cannot sell any item that contains the seal (for example, someone was sharing cigars with the seal at the office the other day, since he didn't smoke and couldn't do anything else with them).

    I'm no banner-waver for this administration, but in this case, I would hope that any executive administration would have come down swiftly on such use of the seal.

    It's trivial for The Onion to make a parody of the seal, and they know better. This smells like a grab for headlines to me.
  • It's a SEAL (Score:2, Informative)

    by krouskop ( 905215 ) on Tuesday October 25, 2005 @10:30AM (#13871602)
    Wikipedia, could you tell me what a seal [wikipedia.org] is?
    A seal is an impression printed on, embossed upon, or affixed to a document (or any other object) in order to authenticate it, in lieu of or in addition to a signature. The word is also used to describe the device used to make this impression. The study of seals is known as sigillography.
    It's a seal. It's supposed to show that something is authentic! You can't allow a seal to be used willy-nilly or it utterly loses its purpose, even if the offending use is in paraody material Slashdotters apparently love. (Or if it's the seal of a President Slashdotters apparently hate.)
  • by hcob$ ( 766699 ) on Tuesday October 25, 2005 @10:31AM (#13871610)
    Pretty much, that is the gist of it. You can't put the Presidential Seal(or any of the other government seal) on ANYTHING that is sold. Change something with it, and it's parody. Using something in un-altered form is NOT parody. It's also not about free speech(see first sentence). No one will give a rat's ass as long as they "parody" the seal. The Onion has smart people... They should have know about this law. So either they didn't care and broke it anyway, or they didn't care cause they thought they wouldn't be called on it. Either way, CHANGE IT IN SOME WAY!
  • Re:Well... (Score:2, Informative)

    by gowen ( 141411 ) <gwowen@gmail.com> on Tuesday October 25, 2005 @10:33AM (#13871626) Homepage Journal
    Here's a hint, you guys will never win if you keep up the self-hating America schtick.
    Volunteering to serve your country in Vietnam, and the using your First Amendment rights to speak out about what you saw = Hating America.

    Joining the National Guard, then taking leave to campaign for daddy = Patriotism.

    Don't you lefties know anything?
  • Re:First amendment? (Score:5, Informative)

    by roystgnr ( 4015 ) <royNO@SPAMstogners.org> on Tuesday October 25, 2005 @10:33AM (#13871634) Homepage
    Well they're hardly using it to promote a commercial venture,

    If that's true, they should drop the banner ads, and they should definitely stop intercepting hits to their home page to display interstitial commercials. Today the Onion is trying to get me to buy shoes, watch TV shows, eat fast food, report software pirates, wear jeans, buy belts, buy The Onion books, and go to the theater. I certainly hope they're getting paid for all that.

    and if you can find someone who reads one of these Onion pieces and believes it suggests presidential support,

    Okay, here you go:

    http://www.weeklyradioaddress.com/ [weeklyradioaddress.com]

    This is the page that made me think they may have a case. I too thought that this was just another attempt by the Whitehouse to bitchslap dissent, because I thought that they were just talking about the presidential seal graphics that might be in photos used in obvious parody articles about the President.

    But look at this page. There's no info about the Onion (you'd have to have started from an Onion page [theonion.com] to find out the connection), all the links go to official whitehouse.gov pages, the style is that of the official whitehouse.gov page, the server uses local copies of their potentially copyrighted graphics, and they've got a nearly identical (it says "Resident of the United States" now) copy of the Presidential Seal in the upper left corner: large enough to recognize, but small enough that the modification (even assuming it's always been modified) isn't obvious.

    Could someone listen to one of these addresses and not realize they were listening to a parody? I doubt it, but then again I knew they were an Onion parody before I ever went to the site, and I've only listened to one address so far. Since the Onion's humor is sometimes of the prescient "it's funny [theonion.com] cause it's true [theonion.com]" variety, I could definitely imagine there being addresses in there capable of fooling people.

    could you point them in my direction, as i've got this bridge i'd like to sell them.

    Well, I'm not buying, but there's no story so ridiculous you won't find someone to buy it. Even the Onion's regular articles have fooled the Bejing Evening News, MSNBC, and some fundamentalist Christian groups [wired.com] in the past.
  • Re:I dunno (Score:3, Informative)

    by JourneymanMereel ( 191114 ) on Tuesday October 25, 2005 @10:36AM (#13871664) Homepage Journal
    I have not read TFA (silly registration required stuff), but this could be related to http://weeklyradioaddress.com/ [weeklyradioaddress.com] which, AFAICT, does not have anything that immediately says it's satire. And it's not just "evil corporations" and "the foolish American government" that are protecting certain images (such as logos and seals), but mozilla.org has trademarks, IIRC the Linux penguin is trademarked, it wouldn't suprise me if the slashdot logo was trademarked. And there are reasons for trademarks.
  • by deanj ( 519759 ) on Tuesday October 25, 2005 @10:44AM (#13871738)
    Says who? Says this:
    From:


    http://caselaw.lp.findlaw.com/casecode/uscodes/18/ parts/i/chapters/33/sections/section_713.html [findlaw.com]


    Whoever knowingly displays any printed or other likeness of
            the great seal of the United States, or of the seals of the
            President or the Vice President of the United States, or the seal
            of the United States Senate, or the seal of the United States House
            of Representatives, or the seal of the United States Congress, or
            any facsimile thereof, in, or in connection with, any
            advertisement, poster, circular, book, pamphlet, or other
            publication, public meeting, play, motion picture, telecast, or
            other production, or on any building, monument, or stationery, for
            the purpose of conveying, or in a manner reasonably calculated to
            convey, a false impression of sponsorship or approval by the
            Government of the United States or by any department, agency, or
            instrumentality thereof, shall be fined under this title or
            imprisoned not more than six months, or both.


    Doesn't say a thing about "so long as a reasonabl person won't confuse it with official endorsement". Not sure where you got that.

  • by deanj ( 519759 ) on Tuesday October 25, 2005 @10:49AM (#13871773)
    Failure at the state and local government level doesn't automatically translate be able to push the blame off on the federal government. You can really tell how well the state and local governments prepared, compared to the way Florida has done for Wilma.


    But, if you want to think that way, the feds got there in three days for Katrina, and Clinton took five days to get anything going for Andrew. Maybe you're right. Clinton was definately to blame for that.

  • Thin Skinned (Score:3, Informative)

    by Ranger ( 1783 ) on Tuesday October 25, 2005 @10:53AM (#13871804) Homepage
    Here is the standalone version of the site Weekly Radio Address [weeklyradioaddress.com]. Not once during the Clinton administration did they send a cease and desist letter to the parodies aired on the Rush Limbaugh show. Looks like The Onion isn't the only thing that's thin skinned. [washingtonpost.com]
  • by utexaspunk ( 527541 ) on Tuesday October 25, 2005 @10:53AM (#13871809)
    but I don't see they have a defense against the "no commerical use without permission" rule

    But that's not the rule. The rule is about commercial use that implies endorsement, as in selling "Presidential" Hair Care Products with the seal on them, or putting the seal on an ad for your product to lend your product credibility (ha, not that that would be implied with this administration). The Onion is obviously satire, and it should be obvious to any reader that the seal is not implying any endorsement of The Onion or what is written in it. Satire is protected by the first amendment, and they shouldn't have any difficulty making a case here, if they wish to do so.
  • Re:I dunno (Score:3, Informative)

    by Threni ( 635302 ) on Tuesday October 25, 2005 @10:54AM (#13871814)
    > Let's say that The Oninon put up a story which featured your company's CEO's
    > signature. I'm sure that within a short span of minutes, they'd get some pretty
    > irate calls from your executive management team.

    That's a trademark issue - they *have* to defend it. No-one has to defend a presidential seal, especially on a satirical website, because you can tell from the URL that it's not really an official presidential website, and if you weren't sure you could read the content and tell straight away that it's a satirical website and not an arm of the government.

  • Re:Thin Skinned (Score:1, Informative)

    by member57 ( 680279 ) on Tuesday October 25, 2005 @10:59AM (#13871852)
    Rush modified or changed the Seal, therefore he was NOT using the Official Seal, Idiot. You may not like the man, but show respect for the office. Oh, I forgot you liberal tards have no respect.
  • Re:Well... (Score:5, Informative)

    by ElGuapoGolf ( 600734 ) on Tuesday October 25, 2005 @10:59AM (#13871854) Homepage
    Some corrections to your propaganda, if you don't mind. And I'd like to shamefully admit that I voted for the idiot (Bush) the first time around. I'm so f'n sorry, but at least he did lose the first election.
    • In Kosovo and Haiti, the death toll has been much lower than Iraq. In addition, in Kosovo, Clinton used this thing called 'the international community', which can be beneficial when conducting 'police actions'.
    • FEMA did so well in Florida because they were, well, f'n embarrassed by Louisana (one n, thanks). In the case of LA, when your state is so devastated that the local infrastructure collapses, you have a right to expect federal help. There are documented cases where FEMA told police officers in various parts of LA to *email* them requests for help, when police stations and power stations were completely flooded and useless. Good job Brownie!
    • Blowing about a blow job, understandable. Blowing the cover of a CIA agent because you're pissed that they uncovered one of your major lies for going to war, understandable but kind of much worse than the blowjob thing.
    FYI, Bush != Conservative. I never thought a tax and spend Democrat would be preferable to a borrow and borrow and borrow and spend and spend and spend Republican.
  • You're not paying attention. Stupid or not, parody or not, it doesn't matter. The Presidential Seal is protected by law , not trademark or copyright, and is REQUIRED to be used only by the Presidential Office. ANY inappropriate use cannot, will not, and should not be tolerated.

    Given the LAW, the Onion is wrong on this one. Besides, it really wouldn't kill the Onion to make a parody seal instead of trying to co-opt the real seal.
  • by Ungrounded Lightning ( 62228 ) on Tuesday October 25, 2005 @11:05AM (#13871897) Journal
    If the government wishes to enforce against the Onion, they need to enforce against all "unauthorized, commercial or illegal" use of the seal, supportive or not.

    Actually, no, they don't. The government gets to pick where they spend their law-enforcement resources and the executive branch makes the call. (Another example of this is the consistent case law declaring that the police have no obligation to protect any given individual from a crime or threat, no matter how grave or obvious in advance.)

    A private individual or company has an obligation to take some action if his mark is being infringed to avoid it going public domain. But even there the requirement is not to pursue every infringer.

    The closest argument to "must pursue all" is the requirement for equal protection. But even that only comes into play if there's a consistent pattern of only going after a suspect class of infringers, rather than making the pick in a way that doesn't discriminate, or discriminates only on some rational basis (such as biggest ones get the hit) with other things (like race) only present, if at all, as a side effect.

    However, as a separate issue, satire is protected speech. If the seal was used in a clearly satirical way the Onion has legs to stand on. (I haven't seen the article in question yet, but given that it's the Onion it seems likely that's what they were doing.)

    The problem with satire is that sometimes it looks too much like what it's satirizing and confuses people. I suspect that's what happened here - either because some functionary didn't get that it was satire, or thought others wouldn't.
  • Re:Well... (Score:5, Informative)

    by TGK ( 262438 ) on Tuesday October 25, 2005 @11:12AM (#13871962) Homepage Journal
    And lets amend your historical corrections. Anyone with any degree of intellectual honesty credits the Clinton Administration with balancing the budget. Since I'm not going to make that assertion without facts to back it up...

      Business Week, 5/19/97: "Clinton's 1993 budget cuts, which reduced projected red ink by more than $400 billion over five years, sparked a major drop in interest rates that helped boost investment in all the equipment and systems that brought forth the New Age economy of technological innovation and rising productivity."

      Goldman Sachs, March 1998: "on the policy side, trade, fiscal, and monetary policies have been excellent, working in ways that have facilitated growth without inflation. The Clinton Administration has worked to liberalize trade and has used any revenue windfalls to reduce the federal budget deficit."

      U.S. News & World Report, 6/17/96: "President Clinton's budget deficit program begun in 1993... [led] to lower interest rates, which begat greater investment growth (by double digits since 1993, the highest rate since the Kennedy administration), which begat three-plus years of solid economic growth averaging 2.6 percent annually, 50 percent higher than during the Bush presidency."

      Paul Volcker, former Federal Reserve Chairman, Audacity, Fall 1994: "The deficit has come down, and I give the Clinton Administration and President Clinton himself a lot of credit for that... and I think we're seeing some benefits."

    While we're on the topic, the government shutdown was as much the fault of the Republican Majority in Congress and Clinton's. Alexis de Tocqueville once said that it is the nature of American Democracy to "view as virtuous an incomplete conquest." The willingness of BOTH the Republican Congress and the Democratic Whitehouse to ignore this sage wisdom was the cause of the shutdown. It takes two to tango.

    While you're quite right that some of the actions taken by the Clinton administration militarily didn't turn out for the best, those actions were not unilateral invasions of a sovereign country with neither the backing nor support of the UN or NATO. Moreover, our involvement did not turn into the most costly and deadly American overseas deployment since Vietnam. As to Rwanda -- it was a tragic failure, and one for which I'll never forgive the Clinton Administration. It's good to see that Bush learned from that failure and is responding in the Sudan.... oh... wait....

    Your depiction of the Plame case goes from evasive to outright lies, so we'll clear that up.

    1 - You're right, no crime has technically been committed if no one was aware that Plame was undercover at the time since you can't expose someone who you don't know to be undercover.
    2 - Plame WAS undercover at the time, according to ABC News [go.com].
    3 - Even presidents are innocent until proven guilty in this country. Clinton was never convicted of perjury. That said, what he did smacks of dishonesty and was unquestionably wrong. Speaking of perjury -- it's interesting that the testimonies of Rove, Cheney, and Bush, and the various reporters being questioned are not only divergent, but don't even line up from session to session. You might see some GOP perjury indictments before this is all over.

    Final Correction -- Your mischaracterization of Katrina is fairly misleading as well. A hurricane breaching New Orleans levees was on the FEMA list of nightmare scenarios. Bush's budget priorities transferred funds away from the Corps of Engineers levee projects, contributing to the collapse.

    Also, don't forget that you can heap blame upon the state of Louisiana as much as you want - but the failure to Federalize the National Guard rests with one man alone. Bush had the authority to act and failed to. Did the state government screw up? Yes. But Bush -=LET=- them screw up. That matters.
  • by MacJedi ( 173 ) on Tuesday October 25, 2005 @11:14AM (#13871981) Homepage
    No, you're not paying attention. See TITLE 18, 713 (also referenced in another post.)

    The Onion is not using the seal, "...for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression of sponsorship or approval by the Government of the United States..." If the Onion went to court over this, there is a good chance they would win.

  • Re:hypocrisy (Score:1, Informative)

    by member57 ( 680279 ) on Tuesday October 25, 2005 @11:25AM (#13872069)
    No, hypocrisy is making your cabinet, various congressmen and such sign an "ethical" Contract with America, then getting a hummer under your desk by an intern, denying it then arguing the definition of "is."
  • No, I'm paying attention just fine. I read the entire law [findlaw.com], unlike some people around here. Try section (b) on for size:

    (b) Whoever, except as authorized under regulations promulgated
          by the President and published in the Federal Register, knowingly manufactures,
          reproduces, sells, or purchases for resale, either
          separately or appended to any article manufactured
    or sold, any
          likeness of the seals of the President or Vice President, or any
          substantial part thereof, except for manufacture or sale of the
          article for the official use of the Government of the United
          States, shall be fined under this title or imprisoned not more than
          six months, or both.


    I will repeat myself. The Onion is WRONG. If they want to pursue this, it could become a matter of imprisionment for the Onion editors and/or writers. They do NOT want to mess with this.
  • Re:Well... (Score:5, Informative)

    by thebdj ( 768618 ) on Tuesday October 25, 2005 @11:32AM (#13872121) Journal
    Ok, you are actually quite off on the FEMA comment. There is a big difference between what happened in Florida with hurricanes and what happened in Louisianna. There was poor response from FEMA and most everyone notices it.

    It was FEMA who turned away Wal-Mart trucks with water and supplies.

    It was FEMA who told Amtrak they didn't want evacuation help.

    It was FEMA who did not use available Navy ships and sent away the Coast Guard with diesel fuel.

    It was FEMA who turned away volunteers with boats and hovercraft.

    The recent Florida situation doesn't count because FEMA is trying to overcompensate now. Also your conspiracy theorist will tell you to look at who is Governor of Florida...

    The fact is both governments screwed up, but FEMA is looking worst in this because they are the ones who are suppose to have the resources to provide aid. I point you to about 1/2 the way down the story here [phxnews.com]. An example of government preventing aid, and why I think (as a libertarian) that FEMA is nothing more then a unnecessary entity that has only gotten in the way of volunteer efforts.

    I can probably find a few local and state government screw ups too (there was a Doctor licensing issue involving the state govt. I think). There is plenty of blame to go around, the fact is FEMA does share a lot of blame and to ignore that fact is pure ignorance.
  • Try again. Section (b) [findlaw.com] says:

    (b) Whoever, except as authorized under regulations promulgated
            by the President and published in the Federal Register, knowingly
            manufactures, reproduces, sells, or purchases for resale, either
            separately or appended to any article manufactured
    or sold, any
            likeness of the seals of the President or Vice President, or any
            substantial part thereof, except for manufacture or sale of the
            article for the official use of the Government of the United
            States, shall be fined under this title or imprisoned not more than
            six months, or both.


    The Onion can and WILL face criminal charges if they persist. This is NOT a matter of copyright law, it is a matter of CRIMINAL law. The Onion editors and/or writers WILL be prosecuted and sentenced if they persist on this route. There is no exception to this law other than obtaining permission from the Office of the President. Since they don't have that permission, they would do best to fix their seal in a hurry.
  • Re:Well... (Score:2, Informative)

    by UdoKeir ( 239957 ) on Tuesday October 25, 2005 @11:33AM (#13872127)
    I remember twice during Clinton's tenure the Fox network (regular Fox, not Faux News) compared his actions overseas as an attempt to Wag The Dog [imdb.com]. They said that art was imitating life, directly accusing him of orchestrating military action to deflect attention away from his blow job shenanigans. They did it once for Kosovo (where genocide was taking place) and once for Iraq (where US warplanes were being targeted by Saddam). Every time he used US troops in a peacekeeping capacity he was vilified by the Republicans for it.

    Remember that soldier who refused an order to wear a UN beret? He was a "hero". Yet soldiers that refuse to illegally occupy a foreign country are called traitors by these so-called patriots.
  • by feijai ( 898706 ) on Tuesday October 25, 2005 @11:37AM (#13872173)
    Because, by law the Federal Governement can not hold copyrights. I'm pretty sure they can't get a trademark or patent either.
    Huh. Funny, not a single statement in that sentence is true. The things that get scored "Score:2 Informative" these days.

    Examples:

    • The federal government copyright the material it produces, but it can certainly own copyrighted material [wikipedia.org].
    • FirstGov [firstgov.gov] is a registered trademark of the US General Services Administration, Registration Number 2490938, Serial Number 7800477.
    • Some NSA Patents [cryptome.org] for you. Heck, the NSA can not only patent, but it can keep the patent secret until someone else tries to patent it.
  • WRONG. You've got paragraph (a) down (which it's arguable about whether or not the Onion violatef), but you forgot about the rest of the law [findlaw.com]:

    From Title 18, Section 713, Paragraph (b):
    (b) Whoever, except as authorized under regulations promulgated
        by the President and published in the Federal Register, knowingly
        manufactures, reproduces, sells, or purchases for resale, either
        separately or appended to any article manufactured or sold, any
        likeness of the seals of the President or Vice President, or any
        substantial part thereof, except for manufacture or sale of the
        article for the official use of the Government of the United
        States, shall be fined under this title or imprisoned not more than
        six months, or both.
    So the question is, do the Onion editors want to go to jail?
  • Re:Thin Skinned (Score:1, Informative)

    by member57 ( 680279 ) on Tuesday October 25, 2005 @11:42AM (#13872216)
    I will check, but the Seal on Rush's show was altered, he's a lawyer, he would know better. The point is, thin skinned or not, using the seal, unaltered, is illegal, period, end of story. The Official Seal of the President of The United States of America affixed to any document makes it an official document. There even rules about what sections of the seal are used and what occasions they are to be used for. I am offened at ANYONE using the Seal without approval. How many Wives, Mothers, Fathers, Brothers, and Sisters have gotten letters from the President about their loved ones dieing in the many wars America has fought? The offense is theirs, that Seal adorns those letters, have respect, which is lacking towards the Office of the Commander in Chief. I despised mr clinton while he was pretending to be President, but while he was in office, I respected his position, afterward, gloves off.

    Anyways, I fail to see why stating the liberal tards have no respect is evidence of thin skinnediness (made that one up..)

    I agree, about the debate about mental stablilty, er, well except my debate is paranoid schizo...
  • Comment removed (Score:3, Informative)

    by account_deleted ( 4530225 ) on Tuesday October 25, 2005 @11:45AM (#13872245)
    Comment removed based on user account deletion
  • by Dachannien ( 617929 ) on Tuesday October 25, 2005 @11:48AM (#13872283)
    Seems like this wouldn't apply to The Onion as a satirical piece.

    Read on:

    (b) Whoever, except as authorized under regulations promulgated by
    the President and published in the Federal Register, knowingly
    manufactures, reproduces, sells, or purchases for resale, either
    separately or appended to any article manufactured or sold, any likeness
    of the seals of the President or Vice President, or any substantial part
    thereof, except for manufacture or sale of the article for the official
    use of the Government of the United States, shall be fined under this
    title or imprisoned not more than six months, or both.

    And those regulations were specified by Richard Nixon (later amended by Gerald Ford):

    http://www.law.cornell.edu/uscode/html/uscode18/us c_sec_18_00000713----000-notes.html [cornell.edu]

    Ex. Ord. No. 11649. Regulations Governing Seals of President and Vice President of United States

    Ex. Ord. No. 11649, Feb. 16, 1972, 37 F.R. 3625, as amended by Ex. Ord. No. 11916, May 28, 1976, 41 F.R. 22031, provided:
    By virtue to the authority vested in me by section 713 (b) of title 18, United States Code, I hereby prescribe the following regulations governing the use of the Seals of the President and the Vice President of the United States:
    Section 1. Except as otherwise provided by law, the knowing manufacture, reproduction, sale, or purchase for resale of the Seals or Coats of Arms of the President or the Vice President of the United States, or any likeness or substantial part thereof, shall be permitted only for the following uses:
    (a) Use by the President or Vice President of the United States;
    (b) Use in encyclopedias, dictionaries, books, journals, pamphlets, periodicals, or magazines incident to a description or history of seals, coats of arms, heraldry, or the Presidency or Vice Presidency;
    (c) Use in libraries, museums, or educational facilities incident to descriptions or exhibits relating to seals, coats of arms, heraldry, or the Presidency or Vice Presidency;
    (d) Use as an architectural embellishment in libraries, museums, or archives established to house the papers or effects of former Presidents or Vice Presidents;
    (e) Use on a monument to a former President or Vice President;
    (f) Use by way of photographic or electronic visual reproduction in pictures, moving pictures, or telecasts of bona fide news content;
    (g) Such other uses for exceptional historical, educational, or newsworthy purposes as may be authorized in writing by the Counsel to the President.
    Sec. 2. The manufacture, reproduction, sale, or purchase for resale, either separately or appended to any article manufactured or sold, of the Seals of the President or Vice President, or any likeness or substantial part thereof, except as provided in this Order or as otherwise provided by law, is prohibited.
    Richard Nixon.
  • by Dachannien ( 617929 ) on Tuesday October 25, 2005 @11:55AM (#13872338)
    So, for-pay encyclopedias can't include it in an article?

    That use is expressly provided for via executive order.

    http://www.law.cornell.edu/uscode/html/uscode18/us c_sec_18_00000713----000-notes.html [cornell.edu]
  • So I'm at least partially right. It's been several years since I took a serious look at copyright laws. In any event, the Feds do not hold a copyright on the seal of the president. I haven't found any evidance that it's at all trademarked either (though my research is limited to a few quick searches on Google). And from a strict constituitonal view, my statement that restrictions on the seal are limited to areas of interstate commerce is correct, though the prevailing 5-4 majority of SCOTUS seems to have an absurdly expansive view of what constitutes interstate commerce. In any event, the Onion is clearly engaged in a commercial venture (selling advertising) across state lines, and that is depenant upon their publication of a satirical newspaper.

    But beyond all that, I thank you, sir, for educating us all about our schizophrenic government.
  • Re:Well... (Score:3, Informative)

    by stlhawkeye ( 868951 ) on Tuesday October 25, 2005 @12:55PM (#13872837) Homepage Journal
    Some corrections to your propaganda, if you don't mind. And I'd like to shamefully admit that I voted for the idiot (Bush) the first time around. I'm so f'n sorry, but at least he did lose the first election.

    Actually, he won. Hence, he took the oath of office and was President for 4 years. I don't know how you missed that, but it did happen.

    In Kosovo and Haiti, the death toll has been much lower than Iraq. In addition, in Kosovo, Clinton used this thing called 'the international community', which can be beneficial when conducting 'police actions'.

    So, the military and nom-military forces in Iraq from Albania, Armenia, Australia, Azerbaijan, Bosnia, Bulgaria, Czech Republic, Denmark, the Dominican Republic, El Salvador, Estonia, Fiji, Georgia, Honduras, Hungary, Italy, Japan, Kazakhstan, South Korea, Latvia, Lithuania, Macedonia, Moldova, Mongolia, Netherlands, New Zealand, Nicaragua, Norway, the Philippines, Portugal, Poland, Romania, Singapore, Slovakia, Spain, Thailand, Tonga, the UK, and the Ukraine are not an "international community."

    But Clinton! First he assembled Britain, France, Germany, Italy, and Russia into a partnership that involved rich guys in suits arguing about stuff while thousands died. They around and did nothing for years while over a quarter million more people were slain. Finally the United Nations heads in with the "international community" and brokers a cease fire that almost immediately breaks down and the bloodshed resumes. Sounds like Israel in the 1940's and 1950's, huh?

    FEMA did so well in Florida because they were, well, f'n embarrassed by Louisana (one n, thanks). In the case of LA, when your state is so devastated that the local infrastructure collapses, you have a right to expect federal help. There are documented cases where FEMA told police officers in various parts of LA to *email* them requests for help, when police stations and power stations were completely flooded and useless. Good job Brownie!

    You have the right to expect federal help, but not 24 hours later. The federal government can't produce an armpit fart in under six days of paperwork and discussion. The local infrastructure didn't just break down, it cut tail and run, then went on TV whining that nobody was helping. There's no question that the federal response was sluggish and inadequate, but the local government didn't even follow it's own plan. Brownie was indeed a hapless cronie with no business being in his business.

    Blowing the cover of a CIA agent because you're pissed that they uncovered one of your major lies for going to war, understandable

    We don't know that. That's what you want to believe happened. I'm reserving judgment on this until Fitzgerald's report is done.

    FYI, Bush != Conservative.

    I agree, but I can't figure out what he is.

  • Re:Well... (Score:3, Informative)

    by Rayonic ( 462789 ) on Tuesday October 25, 2005 @01:14PM (#13873014) Homepage Journal
    There has been no assertion that Mr. Wilson lied.

    Actually, the bipartisan Senate Intelligence Committee would say otherwise. They did find that Joe Wilson misrepresented his findings in his New York Times article, versus that he told the CIA directly. (His trip pretty much confirmed that Iraq was seeking to buy uranium from Niger, though word from officials was that the sale didn't go down.)

    Furthermore, they found that Joe Wilson's wife, Valerie, did indeed recommend him for the trip.

    Read the article yourself: Report Disputes Wilson's Claims on Trip, Wife's Role [washingtonpost.com]
  • Don't call bullshit unless you have Clue One what you're talking about, coward. "Intellectual property" refers to copyright, trademarks, patents etc. - not to state secrets, private conversations, or just any old kind of knowledge that happens not to be widely known. The two are easily distinguishable by which section of US Code is invoked. Now run along and leave the grownups alone.
  • by Doc Ruby ( 173196 ) on Tuesday October 25, 2005 @01:36PM (#13873201) Homepage Journal
    When your boys investigated Clinton's real estate investments in Whitewater, all they came up with was a blowjob years later. I think it's another dismal loss for the Bush gang that no one got anything like that while they were screwing America.

    Some more distinctions: no treason, no sueing parody newspapers. Even the indictments score is incomparable, especially on the charges. Oh, yeah, the job approval ratings are inverted. And, wait, er, the Bush administration is actually running the country, while Clinton is long gone. Is that all you've got, invoking your worst nightmares from 2 terms ago?
  • Re:Well... (Score:4, Informative)

    by VP ( 32928 ) on Tuesday October 25, 2005 @02:23PM (#13873627)
    1 - You're right, no crime has technically been committed if no one was aware that Plame was undercover at the time since you can't expose someone who you don't know to be undercover.

    The following is paraphrased from what I've heard on radio or TV, so any clarifications/contrary evidence is most welcome.

    AFAIK, there is a rule of handling this type of information, which is part of the set of documents everyone with certain types of clearance signs. The rule is that no confirmation (negative or positive) of a CIA employee's status can be made, unless it is known that they are not undercover operatives. There is a specific form that has to be sent to the CIA for a status inquiry, and until a response is received, no discussion is allowed, period.

    In other words, if you don't know the status, but discuss/confirm CIA affiliation, it is still a crime...
  • Selective memory (Score:3, Informative)

    by localroger ( 258128 ) on Tuesday October 25, 2005 @02:33PM (#13873721) Homepage
    I am going to ignore everything you said except one thing, which illustrates why everything else you say should be ignored.

    The feds said "get out of there" DAYS before it hit. Your own mayor didn't concur until it was too late.

    This is absolutely untrue. I remember it QUITE well because I was in Detroit, MI on Friday evening, and went to bed thinking (along with the locals, the feds, the NOAA, and the rest of the country) that Katrina would be a cat 1 to cat 2 event for northern Florida. When I woke up Saturday morning I found out at the airport that it was going to be a cat 5 headed right up my arse.

    About 36 hours later -- mid-day Sunday -- if you weren't out of town, it was too late. All previous evacuation planning had assumed a 72 hour window of opportunity, and we barely got 48 this time (and that realistically starting in the middle of the night). NOBODY was advising evacuation before Saturday morning, unless you count the "gee why does anybody live there at all" crowd. The fact that we managed to get everyone who had the means out in that time frame is a miracle. Nobody, including the people in charge, really expected it to work that well. It didn't work that well for Dennis a mere three weeks before. It had never worked that well in the 10 years or so that contraflow plans have been on the drawing board.

    So where do you get this bullshit idea that "the Feds told us to get out days before?" Maybe from the same bullshit source that said those school buses were "intended for evacuation?" Here's a clue: Those school buses were "intended" to carry kids to school. Nobody in their right mind would have loaded them up with people when their most likely fate based on all of our experience would be to get caught out on a gridlocked overwater crossing when the hurricane arrived.

    However vulnerable they are, buildings are safer than vehicles on the road in a hurricane. We live here. We know that.

    Had Katrina spared us as so many other threats did, we might have gotten around to forming bus plans in the future. It's not as simple as it sounds. You have to have places to drive the buses to, and you have to have a plan for getting them back if the hurricane doesn't hit. And you have to expect the evacuation to succeed, which it never had in the past. We got that right just in time. It's easy for back-seat drivers who have never seen NOLA to snipe about what we coulda shoulda done, but out here on the porch it ain't that simple when you ain't got the 20/20 hindsight and you don't know what the fucking storm is actually going to do.

    I will repeat this: I live here. I flew home only to evacuate 24 hours later myself. I have watched local officials prepare for this kind of event for my entire life. Kindly refrain from telling me how things are in my home when you obviously have no clue what you are talking about, kthx.

  • by Evil W1zard ( 832703 ) on Tuesday October 25, 2005 @04:00PM (#13874609) Journal
    "Well, since I live in CENTRAL FLORIDA, where we get hit with more hurricanes than New Orleans has welfare recipients, I could most certainly lend my expertise."


    OMFG I so didn't want to laugh at that comment, but I had to. I think the problem here is that emotion and pride in one's city/state is just clouding what needs to be done, which is look back and figure out what went wrong and make damned sure it doesn't happen again elsewhere...

"I've seen it. It's rubbish." -- Marvin the Paranoid Android

Working...