VIRGINIA: Eugene Delgaudio Files Motion To Dismiss Copyright Suit By SPLC
filed a motion seeking the dismissal of the Southern Poverty Law Center's lawsuit for his usage of a gay couple's wedding photo in anti-gay mailers.
Public Advocate, represented by Arrington Law Firm in Centennial, Colo., claimed that the use of the couple’s photograph was fair and protected by the First Amendment. “This case is about one and only one thing: the politics of same-sex unions,” the memorandum stated. Because the plaintiffs acknowledged that Public Advocate used the photograph to express its view on the issue of same-sex unions, “this admission is fatal to their case,” the memorandum said. “Public Advocate was engaging in the type of political speech the protection of which is at the very core of the freedom of speech guaranteed by the First Amendment.” Public Advocate also claims that the plaintiffs could not have had a reasonable expectation of privacy, because the photograph was posted on a blog where “anyone in the world with access to a computer could view it.” Privitere, Edwards and Hill have said that the alterations to the original image — the changed background and the bold red slash across the couple’s chests — were especially disturbing. Public Advocate maintained in its court filing that those very changes were, in part, what justified “fair use” of the photograph.The Washington Post notes that Delgaudio raises more than $1M annually. Delgaudio, who is a supervisor for Loudoun County, Virgina, is also under investigation for illegally using public employees to raise money for his hate group. (Tipped by JMG reader Blair)