White House Threatens Blog For Accurately Using White House Logo

from the feeling-safer? dept

Wed, Apr 27th 2011 12:23pm — Mike Masnick

Last year, we wrote about the FBI threatening Wikipedia for having the FBI logo on its site. Wikipedia, thanks to its General Counsel Mike Godwin (of Godwin's Law fame), responded with a wonderful snarky reply. While the FBI backed down, it does not appear that the administration got the message that there are situations in which a website might post federal logos and not break the law. The latest involves the White House, who apparently got upset that blogger Keith Cowing (of SpaceRef.com -- a blog about science/space policy) included the White House logo in his post about a meeting of the President's Council of Advisors on Science and Technology. In response, the White House actually called Cowing and demanded he take down the logo. In case you're wondering, this is the logo:

Now, this is a perfectly reasonable use of the logo. We're discussing it, and it's relevant to the news story. It was also relevant to Cowing's post. The issue that the White House has is with 18 U.S.C. sec. 701, which is designed to prevent someone from falsely passing themselves off as working for the government by misusing such a badge. Posting the badge on a website where it makes sense clearly does not qualify. No one was reading that blog post thinking he represented the White House. The White House also mentioned the "proximity to advertising," suggesting they were afraid that it would be seen as being associated with the White House. However, as the EFF notes in the link above, that's a pretty ridiculous interpretation:

Cowing's use isn't deceptive either. The seal is plainly used in conjunction with the news article and the advertisement is no closer on this blog than ads are on news websites and in most newspapers and magazines for that matter. In fact, the seal of the Executive Office of the President of the United States is used extensively all over the internet, sometimes even in promixity to advertising. Threatening phone calls from the White House only serve to chill free speech. Indeed, Cowing has replaced the image of the seal with a pixelated version and the words �OSTP Logo Pixelated Due to a Phone Call Complaint from the White House.�

Finally, we agree with the EFF in noting: "surely the White House has better things to do than to threaten bloggers engaged in legitimate free speech."

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Filed Under: blog, logo, white house

20 Comments

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John Doe, 27 Apr 2011 @ 12:37pm

There are many more important things the White House could be doing...
There are many more important things the White House could be doing but none are more important than defending Hollywood and IP.
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Chris Rhodes (profile), 27 Apr 2011 @ 12:51pm

surely the White House has better things to do than to threaten bloggers engaged in legitimate free speech.

I dunno, I think peddling garbage is pretty much their modus operandi these days.
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DH's Love Child (profile), 27 Apr 2011 @ 12:56pm

Agreed, but...
"surely the White House has better things to do than to threaten bloggers engaged in legitimate free speech."

I agree, however that would require them to actually put in effort because those other things are much harder to get done.
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Anonymous Coward, 27 Apr 2011 @ 1:05pm

odd how the administration takes this erroneous stance in the face of legitimate free speech.

Its almost as if they don't know that they have been preaching about protecting IP but not understanding what IP really is, how it is used, and what its legitimate uses are. You know, things like usage in legitimate free speech, derivative works, parody, etc, etc.

I would move that the definitions have been colored by lobbyists for so long that the politicians no longer even have a grasp of what the truth is.
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CommonSense (profile), 27 Apr 2011 @ 1:06pm

Keep us posted...
About the phone calls or demands that you get as well!! I can't wait to see those posts.
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CommonSense (profile), 27 Apr 2011 @ 1:08pm

Re:
You think the politicians EVER really bothered to learn the true definitions?? With all that lobbyist money being waved in their faces???
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Capitalist Lion Tamer (profile), 27 Apr 2011 @ 1:11pm

Usage question.
Would it be more appropriate to redraw the eagle on the logo with a stack of cash in one foot/talon and a pair of handcuffs in the other?
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CK (profile), 27 Apr 2011 @ 1:12pm

Employed
They're just trying to show they're employers that yes, they are indeed tough on IP. Helps them keep their jobs.
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ChurchHatesTucker (profile), 27 Apr 2011 @ 1:14pm

Makes sense
If I was leading this administration, I would be offended at being linked to it as well.
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Matthew (profile), 27 Apr 2011 @ 1:14pm

legal advice needed:
Is, "No. That's stupid." a valid legal rebuttal, or does it have to be more formal?
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Anonymous Coward, 27 Apr 2011 @ 1:23pm

So that's what Obama meant this morning when, after releasing his birth certificate said "we do not have time for this silliness" because "we�ve got better stuff to do."
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Anonymous Coward, 27 Apr 2011 @ 1:24pm

Ah. My taxes put to good use.
"According to Cowing, White House staffer Rick Weiss objected to the seal�s placement in proximity to an ad, which White House lawyers worried might be construed as an endorsement of the product."

Lawyers? As in plural?

Question 1: More than one so-called legal expert made this mistake?

Question 2: At least three white house employees (Weiss and his lawyer buddies) wasted their taxpayer-funded time chasing down the use of a government logo in some guy's blog entry? It's a good thing there aren't any bigger problems they should be spending time on (e.g. fixing poverty, corruption, war, etc.).
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PlagueSD, 27 Apr 2011 @ 1:32pm

The white house administration is worried about someone mis-using the logo, yet (although I've never tried going there) www.whitehouse.com is a porn site last I heard, and that's apperently ok with them???
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Anonymous Coward, 27 Apr 2011 @ 4:18pm

Re: Re:
How else would politicians learn definitions without having them written on money?
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Jordan (profile), 27 Apr 2011 @ 4:57pm

The White House also mentioned the "proximity to advertising," suggesting they were afraid that it would be seen as being associated with the White House.

Dammit this administration was bought and paid for by Pepsi, not Coke. Call the lawyers.
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Anonymous Coward, 27 Apr 2011 @ 5:26pm

"Finally, we agree with the EFF in noting: "surely the White House has better things to do than to threaten bloggers engaged in legitimate free speech."

No. These morons can't ever seem to catch real criminals so they have to do something to look useful.
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athe (profile), 27 Apr 2011 @ 6:17pm

Re: Ah. My taxes put to good use.
They are working on fixing corruption - fixing it so that all politicians are corrupt. It's just that Wyden wont tow the "company" line...
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Miko, 27 Apr 2011 @ 6:42pm

From the government's perspective, stopping distribution of this image is actually a very important goal. They have no special power over the rest of us, yet nonetheless manage to enforce laws restricting how we use our technology, prosecute war crimes all over the world, and steal trillions of dollars in taxes. How are they able to do this? By convincing people that they are somehow magic, that even their logo is an object of reverence. If it's something that we're able to discuss prosaically, the next thing you know we'll all decide en masse to start ignoring the government.
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articles design, 19 Jan 2012 @ 4:13am

Articles
I taught junior high students with learning disabilities and helped them
overcome their reading problems, but they still could not spell well.
I have to admit that I am a culprit of a few of these.
It's funny that I didn't realize until now that I was making a mistake!
Thanks for the post. Here's to a better-spelled 2012.
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amy picher, 5 May 2016 @ 9:55am

death
give me liberty or give me death or i will kill myself so do something about or i will!!!!!!!!
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