Court Rejects Louisiana's Bid To Stop Anti-Jindal Pro-Obamacare Billboard

[DonViejo]

DYLAN SCOTT – APRIL 7, 2014, 4:26 PM EDT

A U.S. district judge rejected Monday the Louisiana state government's request that MoveOn.org's billboard criticizing Gov. Bobby Jindal (R) for not expanding Medicaid under Obamacare be taken down. The billboard includes a parody of the state's tourism slogan, which was the basis for the state's legal action.

U.S. District Judge Shelly Dick issued the order. Lawyers for Lt. Gov. Jay Dardenne (R), who filed the suit, had "not demonstrated a substantial likelihood of prevailing on its burden of proving confusion by viewers of the billboard," Dick wrote. She rejected the state's request for a preliminary injunction, which asked that the billboard be taken down as the court case continues.

"The State has failed to demonstrate a compelling reason to curtail MoveOn.org.’s political speech in favor of protecting of the State’s service mark," she continued. "There has been no showing of irreparable injury to the State."

The controversy started last month when Dardenne sent a cease-and-desist letter to MoveOn.org, the liberal organization that paid for the billboard, ordering that it be taken down. He argued that the billboard -- which spoofs the state's "Pick Your Passion" slogan -- was confusing and violated the state's trademark.

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Read more: http://talkingpointsmemo.com/livewire/louisiana-moveon-jindal-medicaid-expansion-ruling

[Gothmog]

1. Jindal's lawsuit was a joke

I hope that Moveon is able to collect their attorney fees from the State. Jindal's lawsuit was so stupid that it was funny. The lawyer who filed the lawsuit may want to check his E&O coverage because he filed a case without merit.

[SunSeeker]

2. With precedent like Falwell v. Hustler, LA didn't have a leg to stand on.

But there's no guarantee a judge will follow precedent. Glad this judge ruled correctly.

I hope the judge orders Jindal to pay MoveOn.org's attorneys' fees.