The Josh Hawley Mug: It Makes Him An Asshole, But Shouldn't Make Him A Copyright Infringer
from the hawley-shit dept
Josh Hawley, the waifish fascist Senator from Missouri, has made it onto our pages several times in the past. When he's not advocating breaking up Twitter because he doesn't like how a private company is run (fascist), or breaking up lots of other companies he simply disagrees with (fascist), you can typically find him pretending the First Amendment works the exact opposite of how it does in reality or explaining in published books and newspaper pages how much he's been silenced and canceled. It might all look very stupid on its face, but it isn't. It's actually quite diabolical.
Hawley is a graduate of both Stanford and Yale. And, sure, you can convince me that someone can graduate from both of those schools somehow while being an idiot, but that's not Hawley. When he advocates for fascist policies and generally acts like a right-wing radio talk show host, it's not because he's stupid. It's because he's an assbag.
Now that we've gotten that out of the way, let's talk about the Josh Hawley mug he's selling on his website.
See? He's an asshole. In case you can't see the image or don't know what the issue is, that picture of Hawley was snapped by the AP and was him saluting the crowd of strange people protesting outside the Capital building because their preferred candidate lost. Some of those people later stormed the capital in a violent attempt to overthrow the will of the America people. Now Hawley, in a plain bid to generate outrage, is utilizing that picture of him saluting that crowd in order to raise campaign funds. Immediately after the launch of the mug product, his team sent out an email fundraising on it, apparently purely over the joy of making liberals angry, which appears to be one of Hawley's major policy positions.
Everyone remembers the photo of profa senator Josh Hawley raising his fist to salute the murderous rioters who stormed the Capitol, injured 150 police officers, and tried to hang Mike Pence. Now Hawley is selling a curiously named "Show Me Strong White Coffee Mug" with the same image in an amateurishly designed graphic.
He says its a "perfect way to enjoy Coffee, Tea, or Liberal Tears!" and is "not a pro-riot mug."
None of this is new or creative. The liberal tears thing is at least as old as Ben Shapiro saying it all the time and is probably older than that. The slogan is lame. And the picture, as Boing Boing goes on to note, is from the AP.
In addition, his mug uses an image based on an Associated Press photograph and is probably a copyright violation. AP told Rolling Stone that it's investigating. As you might recall, artist Shepard Fairey used an AP photo of Obama a decade ago, and ended up paying AP an undisclosed amount to settle the copyright lawsuit.
And here is where we take the Techdirt turn. The Fairey case was settled out of court, but we argued all along the way that Fairey's use should have qualified as fair use. I take the same view of Hawley's use of an AP photo. The use is for raising campaign funds, rather than purely commercial use. The photo is being used as political speech. It's at least mildly transformative, although not as strongly as Fairey's, given that most people will recognize where that image is from. And, ultimately, Hawley's mug represents zero threat to the AP's business. The AP isn't selling mugs with the picture on it to those that wish to drink liberal tears.
So while it's fun to discuss what a jerk Hawley is, trying to pretend that we think this is copyright infringement just because I don't like him would be disingenuous. And I, unlike Josh Hawley, am not that.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: copyright, culture war, fair use, insurrection, josh hawley, mugs
Companies: ap, associated press
Reader Comments
Subscribe: RSS
View by: Time | Thread
'I don't support insurrections, just those doing them!'
He says its a "perfect way to enjoy Coffee, Tea, or Liberal Tears!" and is "not a pro-riot mug."
... He says of the picture of him showing support for a bunch of deranged insurrectionists storming the capitol, but I suppose if you want to split hairs there is a difference between 'riot' and 'insurrection' so technically he's correct, just not in a way that leaves him looking better.
[ link to this | view in chronology ]
Re: 'I don't support insurrections, just those doing them!'
Didn't you hear? The was no riot or insurrection, it was just another day of tourists peacefully gathering. The damaged property, injuries and deaths didn't happen, were the work of antifa or don't matter because BLM protests did some damage the year before, depending on what evidence the person you talk to is trying to counter at the time.
[ link to this | view in chronology ]
I’m surprised he didn’t edit the picture to have him doing a certain other salute for maximum outrage.
[ link to this | view in chronology ]
Re:
At least Hawley didn't grace the insurrectionists with a Double Rimmer. That would have been horrible.
[ link to this | view in chronology ]
Re: Double Rimmer
I am a fish. I am a fish.Ì Àm Á FÌSH. Ì Àm Á FÌSH. Ĩ ām ā ſĨśĥ.Ĩ ām ā ſĨśĥ. Ī ām ā ſıśĥ. Ī ām ă ſıśħ Ī ām ă ſıśħ
[ link to this | view in chronology ]
Re:
I think using a raised fist of that type to a bunch of white supremicusts sent a similar message.
[ link to this | view in chronology ]
Re: Re:
I remember Colbert's reaction to it went something like "Oh, a raised fist. Like Black Power. Only instead of Black Power, it's...hey, there should be a name for that."
[ link to this | view in chronology ]
Re:
How about one of those "invisible" thermal overprints... the arm doesn't hit full "sieg" azimuth until you fill the mug with a hot liquid...
[ link to this | view in chronology ]
White Coffee
What is white coffee? Most people like it black...
[ link to this | view in chronology ]
Re: White Coffee
Put a comma after white, and you will have his real message.
[ link to this | view in chronology ]
Re: White Coffee
Every coffee mug with Josh Hawley on it is a white coffee mug.
[ link to this | view in chronology ]
Re: White Coffee
It's like white chocolate, but in a different phase, and with moar wingnutty flavor.
[ link to this | view in chronology ]
Can we get a mug with Hawley's picture on it and DOUCHE BAG in large pink letters?
[ link to this | view in chronology ]
Re:
I find that Hawley's own mug perfectly conveys the spirit of your wish but I would not want to pay a dime to his campaign. If they are in it for the money, they should really try offering their merchandise images on barf bags rather than coffee mugs.
[ link to this | view in chronology ]
An more vile-looking mug it'd be hard to find.
And the coffee cup's design isn't the greatest, either.
[ link to this | view in chronology ]
If you put a little, orange, flaccid cock in his raised hand, it would be even more transformative.
And accurate.
[ link to this | view in chronology ]
Re:
Frankly I have no idea how poultry comes into this. Is this an allusion to "Little Red Rooster?"
[ link to this | view in chronology ]
Yesteryear's GiftShop
Previously, Republicans had a coffee mug labeled "Member of the vast right wing conspiracy" back in 1998 in reference to an infamous Hillary Clinton interview segment. The "owning the absurdity" technique on a coffee mug is at least one generation earlier than the current group of conservative commentators.
[ link to this | view in chronology ]
Re: Yesteryear's GiftShop
Yesteryear's GRIFT Shop.
FTFY.
[ link to this | view in chronology ]
The problem lies in how Republicans eventually become the very “absurdity” they own.
[ link to this | view in chronology ]
Re: Yesteryear's GiftShop
"Previously, Republicans had a coffee mug labeled "Member of the vast right wing conspiracy" back in 1998 in reference to an infamous Hillary Clinton interview segment."
I don't recall the context of that since I'm not dumb enough to run in those circles. But, would she have been referring to the actual conspiracy from the right wing that has been hounding her and her husband for decades even past that date, spreading lies and innuendo with so little factual basis that the only time anything has ever stuck is when Bill was goaded into lying about a blowjob?
Or, was this another provable conspiracy you were talking about? I ask partly because I'm not in the US and so was never part of the AM conspiracy grift that caught the less intelligent before Fox and the internet fully took over after the date you described, and partly because I don't trust the memories of anyone who's been in that place for 3 decades. While it explains your usual comments here, the amount of brain rot from so many years of that stuff must be astounding.
[ link to this | view in chronology ]
Re: Yesteryear's GiftShop
Bravely bold Sir Koby
Rode forth from the internet.
He was not afraid to die,
Oh brave Sir Koby.
He was not at all afraid
To be killed in nasty ways.
Brave, brave, brave, brave Sir Koby.
He was not in the least bit scared
To be mashed into a pulp.
Or to have his eyes gouged out,
[ link to this | view in chronology ]
No, it doesn't make him a copyright infringer. Under his stricter copyright rules, though...
[ link to this | view in chronology ]
Re:
What do laws have to do with Josh Hawley? That's not the point of outrage-shopping fascism where the demagogues aim to see themselves at the helm of an authoritarian repressive hierarchy that prioritises purported state interests above that of the actual constituents of the state, consequently crying for law and order only as much as it doesn't apply to them.
[ link to this | view in chronology ]
Re: Re:
Why do people vote for the likes of Josh Hawley, as they are voting to become insignificant and disposable cogs in a system that benefits the top 0.1% of society. Its like Turkeys voting to become thanksgiving dinner.
[ link to this | view in chronology ]
Re: Re: Re:
Assuming there's other alternatives on the ballot ignorance, spite and/or an overwhelming belief that any day now they'll become so rich that they'll end up in that .1% so it's a good idea to cheer for that category now.
[ link to this | view in chronology ]
Re: Re: Re:
Attributed to Lyndon B. Johnson:
Basically, the American Dream states that you can achieve anything you want to if you work hard enough. When people do this and they realise it's not enough because the system is gamed against them, convince them that it's not the system at fault, but that guy over there stealing from them - people will actively vote against their own interests to ensure that other guy doesn't get ahead, even if it damages themselves at the same time. After all, you work hard and you'll get there eventually when that guy isn't able to stop you - and supporting social programs to ensure that everyone has a basic quality of life is socialism.
[ link to this | view in chronology ]
Re: Re: Re:
But it's their top 0.1% of society. Same reason original soccer club jerseys in size 5XL are a sales item. Same reason men will tell you women cannot think because there are so few in the top 100 list of chess players, never mind whether they themselves can tell a rook from a pawn or would stand a snowball's chance in hell prevailing against a ten-year old girl from the local chess club.
People are fine getting screwed over as long as the person screwing them tells them they are on their team. They delegate their pride to the status of the people exploiting them.
[ link to this | view in chronology ]
Re: Re: Re:
"Its like Turkeys voting to become thanksgiving dinner."
See PaulIT's comment, just above.
But there's another explanation as to why the republican base keeps voting against their best interests which acts in perfect synergy with his explanation. I'd suggest googling "grievance addiction", "what the science of addiction tells us about Trump", and if you want a DHS study to underline it "Addicted to hate: Identity residual among former white supremacists".
Essentially the current GOP base are junkies on the natural high of hatred they've been weaned on since childhood courtesy of republican and alt-right media. They keep voting against their own interests in exactly the same way as the junkie who keeps making horrible life choices (like renting a fridge and pawning it, stealing from their s.o. or embezzling from their company, to get ready cash) in order to secure access to their next fix.
Sticking it to the libs is just them putting the needle in their own arm and pressing the plunger. They need that fix no matter what.
This is why you can't argue with them. Trying to bring reason to the table is literally you threatening to take the needle or crack pipe from their hands.
[ link to this | view in chronology ]
what's good for the goose
While I normally disfavor broad application of copyright, I'm willing to flip given that a US Senator is directly involved. If the rest of us have to put up with the twisted results the current copyright regime causes, I'm happy to that he gets to "enjoy" them too.
I hold a faint hope that if actual lawmakers directly feel the impact of the current copyright regime, then maybe we'll see some reform.
[ link to this | view in chronology ]
Re: what's good for the goose
This is why revenge is dangerous. "I got hit by a rock after someone slammed their car door near an avalanche-prone mountain. The next time Josh Hawley and I are near the same mountain, I'll slam my car door."
It won't work and it's not worth the risk of exacerbating terrible copyright enforcement. Lawmakers often don't have that kind of empathy.
[ link to this | view in chronology ]
Re: Re: what's good for the goose
As loath I am to let copyright fucktards get their law feet in the door, it's also true that they'll only learn when they get hamstrung by the dumbass shit they asked for.
[ link to this | view in chronology ]
Fascist
Do you honestly thing that calling everyone to the right of Carl Marx a fascist accomplishes anything?
" Twitter because he doesn't like how a private company is run (fascist), or breaking up lots of other companies he simply disagrees with (fascist), you can typically find him pretending the First Amendment works"
The same could be true for anyone on the economic compass not squarely on anarcho-capitalism. Anyone 0.1 to the right or left or up or down is a fascist according to you. So I guess we are all fascists.
Modern Capitalism comes from Adam Smith who was writing about the failed system of the time which was very much like modern silicon valley. Instead of a thriving competitive economy you had large near monopolies controlling their niche' of the economy then using their influence on government and policy.
Adam Smith argued for the break up of these large companies and opposed them because of the influence they were having on policy.
So I guess by your definition Adam Smith was also a fascist.
[ link to this | view in chronology ]
Show me strong white
I'm still trying to figure out if the phrase "show me strong white" is some kind of veiled racist message.
The website could have done a much better job of separating the phrase "show me strong" from "white coffee mug". Actually, they didn't need to include the word "white" and just let customers select a color.
[ link to this | view in chronology ]
Re: Show me strong white
...yes. Clearly they built the layout of the entire storefront around that one linebreak.
[ link to this | view in chronology ]
Re: Show me strong white
There was a time when certain people used dogwhistles.
Now, it's all foghorns, followed by whining that they get told their foghorns are too loud and they have to use them elsewhere..
[ link to this | view in chronology ]
That mug?
Are we talking about Hawley's "Made in USA" mug that had a "Made in China" sticker on the base?
[ link to this | view in chronology ]
You DO realize that breaking up problematic companies...
...is NOT fascism, right?
Fascism is the literal merger of business and government with businesses doing what the government wants while the government protects the businesses from any blowback and other problems.
Have you ever heard of "Anti-Trust Laws"?
Those have existed for over a century and were used to break up problematic companies in the past.
It seems to me that you're using fascism to describe something it's not, Timmy boy.
[ link to this | view in chronology ]
If the image was reversed would that be transformative and allowed..??
[ link to this | view in chronology ]
Wanna know who else is an A hole?
Timothy Geigner, Tim Cushings, and Mike Masnick for writing pro Biden administration aritcles so they could get into office, murder innocent people civilians, exit Afghanistan forfeiting 80+billion dollars of tax payer military equipment, wage an anti-russia propaganda war so they could label everyone who opposes their pro-war rhetoric with Russia a "Russian Putin Puppet", provide weapons to Nazi Ukranians Azolf Batallion who at this very moment are murdering innocent Russian speaking men women and children in Donbas, label everyone who supports the ant-mandate in Canada as nazi's, and label everyone who protested on Jan 6th a terrorist! And finally, so they could call anyone who didn't want Joe Biden in office because he was a war criminal a TRUMP SUPPORTER! That's who these A holes are!
[ link to this | view in chronology ]
More mugs!
What is the current thing of politicians releasing coffee mugs. Clinton just released one too. And there’s some dozen more that I know of.
Like they all suddenly think coffee mugs sell better than shirts and fingers and hats.
Well… do they?
[ link to this | view in chronology ]
Re: More mugs!
Given how popular insurrection has become, you cannot blame politicians to try and give it a mug shot.
[ link to this | view in chronology ]