The Artful Jurist

Just like the flap that arose right after President Obama’s gaffe when he made his “Special Olympics” joke on TV, you just knew there was going to be a recoil the moment this one hit the airwaves…

I’m talking about a recent episode of the Fox network’s animated TV show, Family Guy, which portrayed a Down syndrome character who said one of her parents was the former governor of Alaska.

Just in case it’s not incredibly obvious, former Alaska Governor (and former Republican vice presidential candidate) Sarah Palin has a young son with Down syndrome. And, if she didn’t let David Letterman slide when he made a joke about one of her kids, you had to figure she wasn’t about to let this one go, either. Ms. Palin’s Facebook page features a response, mostly authored by her daughter, Bristol Palin, whose name found its way into both news headlines and comedians' punch lines when it was announced during her mother’s campaign that the teenage Bristol Palin was unwed and pregnant. As you might imagine, mother and daughter are displeased about what they view as a cheap shot from Family Guy.

If you’re asking yourself what legal standing the Palins might have to bring an action against the producers of the TV show, the answer is: probably not much. The cartoon character was never specifically identified as a Palin. And, even if it were, public figures (such as Ms. Palin and her family) are typically fair game for humorists under the First Amendment protections of free speech – that is, so long as the speech doesn’t step over the line into something like defamation or false light.

Undoubtedly, many will say the show stepped way over the line on this occasion in terms of its chosen target for humor. And, from a good taste perspective, there are many reasonable arguments that can be made to back up that opinion. However, the First Amendment protects even offensive speech. So it takes more than just being offended to bring a lawsuit over something someone said on TV.