Expert: Michael Troy - 11/14/2005

Question
If I want to set up a spoof web site to express criticism of a popular (as in well-known) public figure, would I be within my free speech rights to do so.

The following example is entirely fictitious, but it illustrates my case.

Let's say I really don't like some of the things Rush Limbaugh says, so I create a web site called "www.SlapRushLimbaughInTheFace.com".  On this page I have a graphic of Rush Limbaugh and a button that visitors can click to see a hand slap Limbaugh's face.  There will be a counter on the page to show people how many times somebody has visited the web site to click the button and slap Limbaugh's face.

In the above example, I would have gotten permission to use any copyrighted images (such as the picture of Rush Limbaugh), and there would be a disclaimer stating that the web site does not advocate actual violence against any person or persons and is intended for entertainment purposes only.

[Actually, now that I've written this little example, I kind of like the idea of nailing Rush, too.  But he really isn't the idea I'm actually working on.  Maybe I'll do a web site for him later. <G>]

Where would I stand, legally?

Many thanks in advance.

- Patrick L. Hagerty

Answer
Hi Patrick,

I can't provide legal advice regarding a specific case here.  For that, you would need to speak with a lawyer licensed in your state.  However, I can speak generally on the subject of web sites and free speech.

Generally speaking, if there are no copyright issues and no libelous statements (false statements of fact, opinions are fine) such a site is protected speech.  Even advocacy of violence is protected by the First Amendment, as long as the site does not aid and abet such violence (for example, suggesting a person should be beaten and then providing their address could be seen as a threat or assisting a would-be attacker).  But merely advocating the idea in the abstract that someone should be beaten is considered protected speech.  

Your hypothetical does not even go that far, merely giving the opportunity to have someone pretend to hit a public figure does not even advocate doing so in real life.  So based on what you have told me, I don't see any problem.

Of course, I'm just talking about US law.  Laws in other coutries where this site might be viewed might be different.  For example, Britain recently outlawed the advocacy of violence for political gain.  So while such advocacy is legal in the US, it is not in the UK.

I hope this helps!
- Mike