Fox News, in a trademark infringement lawsuit filed in Manhattan, claims that it registered the expression "fair and balanced" in 1998. Franken and Penguin, the suit claims, are trying to exploit the trademark to boost sales.
In its fair and balanced way, Fox News refers in its suit to Franken as an "unstable" and "shrill" "C-level commentator" who is "not a well-respected voice in American politics."
The attorneys do concede that Franken "achieved some renown as a comedy writer in the 1970s when he worked for the television program 'Saturday Night Live' " but add he since "has attempted to remake himself into a political commentator" and "is neither a journalist nor a television news personality." (Note the distinction being made between "journalist" and "television news personality.")
"His views lack any serious depth or insight," Fox News sniffed for good measure.
And Franken's publisher has finally broken its silence.
"It is extraordinary that one of the largest media corporations would take such action," Dutton responded late yesterday via a rep. "In trying to suppress Al Franken's book [Fox News Channel owner] News Corporation is undermining the First Amendment principles that protect all media, guaranteeing a free, open and vigorous debate of public issues. The attempt to keep the public from reading Franken's message is un-American and runs contrary to everything this country stands for."
What does all this prove? That "Fair and Balanced" is nothing more than a trademarked slogan to FOX News - not a way of doing business.
And hey - Ann Coulter's gotta be having nightmares over the publicity this is generating.
