Were Rush Limbaugh’s “slut/prostitute” comments actionable for criminal prosecution? Not likely.

Fascinating post from Eugene Volokh this afternoon on whether Rush Limbaugh calling a Georgetown law student a “slut” and a “prostitute” could be actionable for libel/slander, false light, or for violating a Florida law the forbids “imputing to her a want of chastity.”  (To you younger people, that means saying she’s having sex outside of marriage.)

Volokh, a law professor who has condemned Limbaugh’s attacks on the student, says that his comments, however horrible, would not be actionable because everybody listening understood that he was using “rhetorical hyperbole” and didn’t literally mean she was selling sex for money.

An excellent, in-depth discussion of the law involved.  Must read!

Are you following blog The Volokh Conspiracy on Twitter?  Well-done libertarian/conservative legal thought.

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Star Wars Episode II – Attack of the Clones as a tribute to the films of Ridley Scott

I’ve been rewatching the Star Wars prequels riding the exercise bike at night lately, and after finishing Episode II – Attack of the Clones, I’m reminded of a couple things.

First, for me Attack of the Clones is by far the best of the three prequels with the back story of the start of the Clone Wars and the fantastic battle in the arena of a cohort of Jedis fighting the droid army.

But more importantly, I think the thing that makes this film so fun is that it is in fact a full-length tribute to the films of Ridley Scott, probably my favorite director.  If you watch carefully, you will see references to Blade Runner, Legend, Someone to Watch Over Me,  Alien, Gladiator, and Blackhawk Down. In some cases, it will be through set, lighting and character design, while in others it’s through more complete plot points.

Blade Runner shows up first, with Obi Wan and Aniken hunting for the shape shifting assassin on Coruscant.  The city scape the Jedi moves through is dark with fantastic lit up signs, a vast multicultural cast of characters, and writing clearly derived from Asian ideograms.  In short, it is Blade Runner’s Los Angeles.

Legend, I will admit, is a bit of a stretch, but there are numerous characters surrounding Senator Palpatine who follow the design of characters from Scott’s dark fantasy world, most especially the aide Mas Amedda with the classical devil horns. He has a strong resemblance to the Lord of Darkness played by the over-the-top Tim Curry.

Someone to Watch Over Me is a romantic drama that tells the story of forbidden love between a threatened woman and the (married) police officer assigned to protect her.  After being forced into spending time together facing peril, they fall in a love, a love that is a betrayal of the policeman’s honor.  This is, of course, essentially the same story of Anakin’s and Padmé’s ill-advised romance.  Anakin is the Jedi police man guarding the life of the beautiful senator and former queen.  While Anakin is not married, as a Jedi he is forbidden to have close, personal relationships as part of his monk-like vows.

Like Legend, Alien shows up more through character design than plot points.  On the planet Geonosis there are gargoyle like creatures serving Count Dooku who bear a striking resemblance (ignoring the wings) of the creature in Alien.  The gargoyles also blend into the dark corridors of the Count’s lair in much the same way as the Alien does in the Nostromo.  In addition, the organic, almost sexual, architechtural forms from the space jockey’s ship are echoed throughout the coliseum.

Gladiator is the most obvious of the references with the giant set piece of the planned execution of Obi Wan, Anakin and Padmé.  The arena, the battles with animals and gladiators, the supreme leader in the emperor’s box (yes, I know Dooku is not the emperor…), and even the reblious fight of the Jedi are all powerful references to Gladiator.

Finally is the one that impresses me the most.  Yoda rides to the rescue of all our heroes in a gun ship manned by the clone army in battle scenes taken straight out of the story of the disastrous raid by U.S. Marines to rescue their comrades in Blackhawk Down.  The combat footage has been compared to images from World War II films, but I see a much stronger link to the helicopter combat out of Mogadishu.  And to top things off, Blackhawk Down also stars actor Ewan McGregor, who plays Jedi Obi Wan Kenobe in the Star Wars prequels.

While Lucas has publicly acknowledged that the urban scenes in Attack of the Clones were explicitly designed to give homage to Blade Runner, to the best of my knowledge, this brief essay is the is the first consideration of Attack of the Clones as a much wider-spread tribute (intentional or not) to the works of Ridley Scott.  Although I’m writing this a decade after the film’s initial release, I actually spouted all of this off to my wife when we first saw the movie back in 2002.

So, what do you think?  Am I overreaching here?  Or have I actually given a fair analysis of these films?

Post in the comments if you have a thought on the matter.

And yes, I know, I’m a geek.

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Link Ch. 7 – Shock Jocks, Rush, Calling Women ‘Sluts,’ and Advertisers

Talk is a popular radio format, whether it’s the shock jocking of Howard Stern, Opie and Anthony or Bubba the Love Sponge; or the political talk of Rush Limbaugh or Sean Hannity.

But sometimes the line between political talk and a shock jock isn’t so clear.  For example, when Don Imus was on CBS Radio, he referred to a the Rutgers women’s basketball team as a group of “nappy-headed hos.”  He paid for his remarks by being fired from the network, even after he gave what was generally considered to be a serious apology directly to team members.

The ever provocative Rush Limbaugh seems to have crossed the line between political talk and shock jocking last week when he started calling a Georgetown University law student a “slut” and a “prostitute” for arguing that all health insurance should pay for women’s prescription birth control.  Unlike the Imus case, which took place during a single broadcast, Limbaugh continued his attacks on the student and her arguments for several days.

As NPR’s David Folkenflik notes in a 2007 story, Limbaugh has never steered away from controversy.  His show is the most popular talk show on radio, drawing an estimated 13.5 million listeners per week.  And he draws that audience by saying extreme things.  Limbaugh says, “I always say my real purpose is to attract the largest audience I can, and hold it for as long as I can, so I can charge confiscatory advertising rates.”

So while Limbaugh is generally well served by his provocative style, did he go to far by calling the Georgetown student names?  As of today (March 5, 2012), at least seven advertisers have suspended their advertising on his show.  Over the weekend, and on his show today, Limbaugh has apologized for the name calling, but it’s not yet clear what will come of that apology.

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Link Ch. 8 – Pre-Code Movies

When we think of movies of the Black and White era, we generally think of them being regulated by the Production Code (also known as the Hays Code) that kept immoral material out of the movies.  Among the requirements were that evil not be made to look alluring and that villains and law breakers not go unpunished.  There could be no profanity or blasphemy in movies, and no “excessive or lustful kissing, lustful embraces, suggestive postures or gestures.”  The 1960s brought the death of the code and the rise of the ratings system.

What isn’t so well remembered is that during the era before the code in the 1920s and early 30s, there were movies being made that were quite modern in their treatment of drugs, alcohol, violence, and infidelity.  Here are a few examples, none of which rise to the level of NSFW.

  • 1932 – Skyscraper Souls
    An early example of a four-letter word in a studio movie.  Maureen O’Sullivan says “We’re being awfully sh*tty.”
  • 1934- Bolero
    This 1934 movie with Carole Lombard and George Raft was daring for its day.  Such an explicit dance would never have been allowed once the Hays Code started to be enforced.
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Link Ch. 8 – Silent Movies

Here are a collection of links to some great early, early silent film examples, mostly from my Tumblr:

Animations of Muybridge people-in-motion images:
Note: Most of these contain some nudity.

Edison Kinetoscopes:

Other Silents:
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Questioning the Oscars

Lots of questions to answer about this year’s Oscar telecast!

  • How did this year’s Best Pictures do with the Bechdel Test for Women in Movies?
    Not so great.  Most failed, two were marginal passes, and one made it rock solid. You know the Bechdel Test, don’t you?  It’s simple three-part test:
    1) Are there at least two women characters with names in the movie?
    2) Do they talk to each other?
    3) Is their conversation about something other than a man/male?Here’s a great discussion of how this year’s Best Pic nominees do with the test:
  • Which winners got the most social media buzz?
    According to Mashable, Olivia Spencer’s win as best supporting actress generated 31,216 mentions per minute, Meryle Streep merited a total 107,000 mentions, and The Artist merited 125,000 mentions.
  • How can you see The Fantastic Flying Books of Mr. Morris Lessmore?
    You can buy the Oscar winner for best short animated film from iTunes for $1.99.  (Unless you got it for free last night like I did…)  I love the fact that there is actually a way to see the Oscar winning shorts now.  And here’s the story on Fantastic Flying Books.

    NOTE: You can also see it for free on YouTube 

  • Why wasn’t Steven Spielberg’s beautiful The Adventures of Tintin not even nominated for Best Animated Film?
    I can understand why Tintin didn’t win the Best Animated Film, but how it could not even be nominated is beyond me.  It’s a beautiful, creative film that doesn’t look just like a host of sequels out there.  There has been talk that the Academy doesn’t want to vote for motion capture/rotoscoped films, but really folks — this is an innovative, animated film based on classic comic material!  (On the other hand, I’m really pleased Chico & Rita was nominated.  Can’t wait to get a chance to see it.)  I understand that Tintin was a flawed film — not having a real audience to appeal to being chief among them — but it also was not just one more “me too!” pop culture reference Shrek clone.
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Questions Worth Asking (Maybe)

I’ve been so busy putting up links to go with the upcoming 4th edition to Mass Communication: Living in a Media World that I haven’t had time to question anything lately.  So here we go:

Note: All of these items first showed up on my Twitter feed.  Follow me!
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Adele, Vogue, and Body Image: “I don’t want to be some skinny-mini with my t#%s out”

Adele’s been getting a lot of attention lately.  Not only for her music, but also for her looks.  Here’s a discussion from CNN about her new cover of Vogue in which she looks a good deal thinner than she does in real life.  Some of it may be a corset, but there also seems to be a lot of photoshopping going on as well. Not that different, it would seem, from the fuss over Kate Winslet’s cover of Vanity Fair a few years back.

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Link Ch.6 – How VTech’s Collegiate Times covered the 2011 shooting on campus

The student journalists at Virginia Tech’s Collegiate Times had the best coverage in the country during December 8, 2011’s shooting deaths of two people on the VTech campus.  Here are two blog posts I wrote as their reporting was unfolding:

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Link Ch. 6 – Alternative Papers

Here are links to several of the alternative papers discussed in the newspaper chapter of Mass Communication: Living in a Media World.  Please note that these papers at times may contain R-rated type language and imagery.

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