So there’s this guy over on the Fox News channel, Glenn Beck. Perhaps you’ve heard of him?

Apparently, he’s a bit polarizing.
Sidenote: I’m going to try and get through this post as impartially as possible. Bear with me if I happen to let the curtains part and reveal the Fox-hating wizard behind them.
The conservative commenter has a unique….style….that can rub some folks the wrong way and he’s often accused of using cheap rhetoric and parlor tricks (vaseline under the eyes to induce “crying”) to support his points. Despite all this, he’s very popular, garnering a couple million viewers each night.
But some folks view him as something beyond annoying. They regard him as part of what’s wrong with the state of political discourse in this country, that he’s counterproductive to finding positive solutions to the problems we as Americans all deal with.
On September 1, 2009, a website appeared, glennbeckrapedandmurderedayounggirlin1990.com. The site is inactive now, but it was launched by Eiland Hall, a critic of Beck’s, as a way of pointing the finger back at Beck’s specious rhetorical methods. The claim made in the URL isn’t something Hall ever believed or wanted anyone to believe. It was more about making an unsupported statement and the impact that can have.
Needless to say, Mr. Beck wasn’t pleased. Rather than let the site fade away in obscurity and be forgotten, he filed a complaint with the World Intellectual Property Organization (WIPO), arguing a trademark violation of the name “Glenn Beck”, which Beck does have trademarked.
Last week, the issue was resolved. The WIPO found that people would obviously not be confused by the unflattering domain, thinking it was something Beck endorsed, something Beck based his complaint on. They also agreed with Beck’s assertion that it was defamatory and essentially said the legal equivalent of “So?”
Buoyed by his victory, Hall celebrated by issuing one last parting shot to Beck in the form of an open letter:
It bears observing that by bringing the WIPO complaint, you took what was merely one small critique meme, in a sea of internet memes, and turned it into a super-meme. Then, in pressing forward (by not withdrawing the complaint and instead filing additional briefs), you turned the super-meme into an object lesson in First Amendment principles.
It also bears noting, in this matter and for the future, that you are entirely in control of whether or not you are the subject of this kind of criticism. I chose to criticize you using the well-tested method of satire because of its effectiveness. But, humor aside, your rhetorical style is no laughing matter. In this context of the WIPO case, you denigrated the letter of First Amendment law. In the context of your television show and your notoriety, you routinely and shamelessly denigrate the spirit of the First Amendment. The purpose of the expressive freedoms embodied in the First Amendment is not to simply permit the greatest possible scope of expression, but also, in doing so, to also strive for excellence in the conveyance of ideas. Rather than choosing to strive for excellence and civic contribution, you simply pander to the fears and insecurities of your audience. And in the process, you do them, and all of us, a great deal of harm.
Shame on you Mr. Beck.
Hall then abandoned the offending website and offered to give the keys over to Beck if he wanted them. No word if he accepted.
I think there are a few lessons to be learned here:
- Don’t feed the trolls. Beck would have been best served never acknowledging the site’s existence and giving Hall the attention he wanted. Award one Fizzle-Pop™ Brand Fizzle to Mr. Beck.
- If you’re going to base your trademark violation argument on whether or not people might be confused as to whether or not you actually endorse and support the claim that you raped and murdered someone, you may want to rethink your case. Another Fizzle for Mr. Beck!
- The internet works (sometimes)! One, unknown guy was able to take on a significant media figure and draw a little bit more attention to some perceived problems using the freedom of the web. A Fizzle-Pop™ Brand Pop to Mr. Hall!
- The phrase “Shame on you…” is very cliché and should really be abandoned at this point. A Fizzle for Mr. Hall.
Some questions for you to chew on:
Was Hall’s exercise appropriate as a critique of Beck? Is it ok to “fight fire with fire”? Did Hall lose credibility by engaging in the type of language that he was accusing Beck of? Is satire always ok? Did Beck have a legitimate case against the site?
Let me know in the comments!