Fox News has filed an unusual lawsuit against the Democratic nominee for Senate in Missouri, Robin Carnahan, over a campaign ad that uses video from “Fox News Sunday” to take a shot at her Republican opponent, Rep. Roy Blunt.
In the suit filed Wednesday in U.S. District Court in Kansas City, Mo., Fox contends that the 30-second TV spot violates copyright law. Fox host Chris Wallace, who is named as a plaintiff in the case, is also claiming that the Carnahan camp misappropriated his likeness and invaded his privacy by suggesting that he favors Carnahan in the Senate race.
“In a smear ad against political rival Roy Blunt, Defendant Robin Carnahan for Senate, Inc. usurped proprietary footage from the Fox News Network to made it appear – falsely – that FNC and Christopher Wallace, one of the nation’s most respected political journalists, are endorsing Robin Carnahan’s campaign for United States Senate,” the suit says.
Carnahan’s campaign is striking a defiant stance in response to the suit—insisting that the ad is legal and vowing to keep it on the air.
“We stand behind our ad,” said Carnahan campaign press secretary Linden Zakula. “It’s unclear why Fox News refuses to stand by its own content that simply asked questions about Congressman Blunt’s Washington record and ties to convicted felon lobbyist Jack Abramoff.”
Carnahan, currently Missouri Secretary of State, is also trying to raise money off the move by Fox. “Late last night, Fox News filed a lawsuit against our campaign. We’re fighting back. We’re not backing down,” her website says. “Donate.”The TV spot, which began airing last week, opens with the legally-required disclaimer that it was approved by Carnahan. It then moves to video from an interview Wallace conducted with Blunt in January 2006.
"You just said a moment ago that you have to show that you’re the party of reform…but some question whether you are the man to do that,” Wallace says. Over a Fox graphic, Wallace notes claims that Blunt aided tobacco giant Phillip Morris in 2002 while dating a lobbyist for the firm and that his campaigns paid $485,000 to a firm connected to disgraced lobbyist Jack Abramoff.
“Are you the one to clean up the House?" Wallace asks in the ad.
While the ad shows Blunt as Wallace speaks, it omits Blunt’s answer to the question. The spot cuts to a still photo of Blunt as an announcer declares: “Roy Blunt, the very worst of Washington.”
