The white house has asked the Onion to not use the presidential seal on its website. Evidently, there’s a law (signed by Nixon, I believe) that the presidential seal can only be used:
Use by way of photographic or electronic visual reproduction in pictures, moving pictures, or telecasts of bona fide news content
…among other accepted exemptions.
This seems to be an exceptionally odd case, as parody and the use of government materials is permitted in cases where there isn’t a law like this. It sounds like the Onion is playing along for now, but I for one think this would make an excellent First Amendment case–at least it might make a fun hypothetical to discuss in class. There are just so many interesting ways to look at this case:
- does the Onion contain bona fide news content?
- What is the role of First Amendment exemptions for laws like this…is it news or parody?
- (What context was this law passed in the first place)