John McCain Countersues Jackson Browne

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mojo-photo-mccainbrowne.jpgFor those of you who felt like the McCain campaign, round about early September, started to look like some sort of demented cartoon, don’t say “that’s all folks” yet. As we discussed here back in August, singer-songwriter Jackson Browne filed suit against the McCain campaign for using his song, “Running on Empty,” in a campaign ad. Sure, the suit was more symbolic than anything (considering the ads were probably off the air by the time Browne called his lawyer) but the remnants of the McCain campaign are taking it very seriously, countersuing in U.S. District Court in California. As Reuters reported, McCain filed two motions:

The first is a standard motion to dismiss, claiming that McCain’s use of the song was fair use. McCain also says that Browne’s assertion that the Lanham Act’s prohibition on the implication of a “false association or endorsement” fails because it only applies to “commercial speech,” not “political speech.” The second filing is maybe even more interesting. It’s an anti-SLAPP motion, which is typically used by defendants as a way to seek monetary damages after a plaintiff has subjected a defendant to a lawsuit meant to chill free speech. So far, McCain is only looking for attorney’s fees and costs, but claiming an artist has interfered with free speech is quite the poke of an eye in show business.

That’s right, McCain is looking to recoup some cash here. To add insult to injury, the first motion included the boastful assertion that using “Running on Empty” in their ad “will likely increase the popularity of this 30-year-old song.” Hilarious, but McCain may have a point, as the only major “win” that had anything to do with his campaign was pop-cultural: SNL’s ratings bump and Tina Fey becoming America’s sweetheart. Maybe Browne should write a book?

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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