Following a slam dunk victory August 22 in which a court ruled that Fox's lawsuit against Al Franken's Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right had no merit, Penguin has gone back for additional printings of the book, and Franken has started an extensive publicity campaign.
In his ruling, U.S. District Court Judge Denny Chin rejected Fox's request for an injunction against the book which the company claimed violated its trademarked "fair and balanced" phrase. Chin wrote, "There are hard cases and there are easy cases and this is an easy case. This case is wholly without merit, both factually and legally." Chin added that the book is clearly a parody and protected by the First Amendment. Fox has decided not to appeal the decision.
After the big win, Franken, who kept a comparatively low profile during the brief but highly publicized legal skirmish with Fox over Lies, embarked on a national television and print media blitz that includes appearances on CNN's Crossfire and Late Night with David Letterman, among dozens of others, as well as interviews in scores of publications, including Time and Rolling Stone.
Penguin also moved up live appearances by Franken in Washington, D.C., St. Louis and Austin that were part of a national tour planned around the book's original publication date, September 22. The number of copies in print is now up to 600,000.
During the dispute, Franken attracted support from writers' and publishers associations. But none expressed their sentiments as succinctly as Gray's Papaya, the Upper West Side Manhattan destination for frankfurter lovers, which posted a banner in its front window declaring, "We Love You Al Franken."
