In May, the NAACP won a copyright case against Ryan Bomberger, BCN contributor and pro-lifer who created provocative black pro-life billboard campaigns. The NAACP claimed that Bomberger’s parody of its name and logo infringed on the organization’s rights. In his counterclaim, Bomberger said he had a right under fair use to use the parody title and a logo that appeared similar. He also sought a declaration that he was protected under the First Amendment.
The court contended that his parody title and logo could confuse or deceive the public and issued a permanent injunction that required Bomberger to remove an online article and allowed him 15 days to destroy anything that referenced the NAACP or its logo. Now the NAACP has escalated its threat against Life News.
“Unless we receive, by no later than the close of business on Friday, June 13, 2014, your written confirmation that you have [removed these two articles from the LifeNews web site] we intend to bring the matter before the court,” the NAACP threatens in its letter. “We will ask the Court to hold you and organization in contempt … and award NAACP monetary sanctions and other relief.”
Today, LifeNews’ attorney, Michael Norton of Alliance Defending Freedom, issued a response essentially saying the NAACP has no legal leg on which to stand in its threats against LifeNews.
“While LifeNews.com was not made a party by your client to this litigation and is therefore not privy to any litigation decisions which either have been or may be made by Radiance or Mr. Bomberger, we understand that both the district court’s decision and this Permanent Injunction have been appealed,” the letter responds. “Thus, its finality is in doubt.”
Life News said it would “vigorously defend” its right to criticize the NAACP–an organization purportedly concerned with the advancement of “colored people” but seems unconcerned about the rate at which “colored” women kill their own “colored” children.
Photo credit: Free Verse Photography (Creative Commons) – “Rally for Planned Parenthood Funding NYC 2/26/11” by Dave Bledsoe – Some Rights Reserved