Hopping Mad: Politics in Arizona Goes To The Frogs

Arizona Gov. Jan Brewer (R) has turned to humor and an amphibian advocate to make her case to Arizona voters — making fun at critics who have been denouncing the Arizona law without reading it. The video has become a hit and pushed Brewer ahead of her Democratic opponent in the race, Terry Goddard.

In the next installment, Brewer will have Kermit hop over to the Fix-It shop and point out Luis and Maria to the INS under the reasonable suspicion provision.

The only choice left to Goddard is to unleash the Big Bird Was Forced To Migrate South video.

By the way, is there any tort liability here? Putting aside trademark, could Sesame Street claim appropriation of name or likeness? The tort is not just limited to use for commercial purpose but anyone who “appropriates to his own use or benefit the name or likeness of another is subject to liability to the other for invasion of his privacy.” Rest. 2d Section 652C. This tort has always raised difficult questions with regard to celebrities and newsworthy stories. Defamation law accommodates such free speech and free press areas through rulings like New York Times v. Sullivan. Appropriate torts have generally favored celebrities and resulted in rulings like White v. Samsung, a perfectly ludicrous ruling where Vanna White successfully sued over the use of a robotic with a blond wig turning cards as the appropriation of her name or likeness. Her the frog has a voice and look similar to Kermit’s. Since Kermit is a puppet, it would seem to eliminate the privacy tort leaving trademark. “Another” under the Restatement references another person. While interesting, I must confess that I do not favor such claims, particularly in areas of parody and political speech like this one.

19 thoughts on “Hopping Mad: Politics in Arizona Goes To The Frogs”

  1. This is a problematic precedent for Republicans… If people start actually reading bills/laws, then they’ll have problems with their usual tactic of making hallucinatory claims about bills (e.g. “death panels” or that the Wall Street reform bill would perpetuate taxpayer bailouts of banks…) Yet more self-implosion.

    Oh, wait… This isn’t a Republican calling on people to actually read the law themselves. I get it… Instead, it’s a straw-man criticism of a few people who have made groundless claims, and the rank-and-file are supposed to just believe whatever Faux News tells them is in the bill.

  2. I am not sure what former federal leo’s point is…but it sure seems like the law was handwritten for The Sheriff of Maricopa County…it really is the least clever written piece of race baiting we have had in a while…masquerading as a well thought out policy, derived by reasonable well meaning good people…sorry, but I got to give myself a break…

  3. From the article offered by LEO:

    “What that means: If you are worried you might raise the suspicion of an officer because of your ethnicity or accent, it’s best to carry your Arizona driver license or other documents that show you are here lawfully, immigrant advocates say.

    “Although a citizen or legal resident cannot be convicted under the new law, carrying proper ID will help to avoid having to go to jail while your immigration status is confirmed, Chin said”.

    American citzens of brown or any other skin color, accent or ethnic group should not be intimidated into or REQUIRED to carry a driver’s license or passport to prove their citizenship out of fear of police action. They should not, under any circumstances, be held, detained or jailed pending provision of that proof. This “law” is clearly geared toward the intimidation and repression of a specific group and assumes some American citizens’ to be guilty rather than their innocence. Our laws function differently.

  4. Former Federal LEO

    Blouise wrote:

    ” Warm summer nights riding in my boyfriend’s convertible looking up at the stars …”

    I trust you were not smitten by the words of this song during those drives while viewing those stars…


    Well, maybe a little … after all, it was the 60’s.

  5. Mespo wrote:

    “Toads using frogs. I get it!”


    Interesting that you mentioned “Toad” because it is the common appellation given to Rep. Grijalva D-AZ who is on the other side of SB 1070.

    I voted for Mr. G. and I have ‘taken up for him’ before because of similar name calling. However, I will never do so again after he called for a boycott of Arizona because of SB 1070.


  6. Blouise wrote:

    ” Warm summer nights riding in my boyfriend’s convertible looking up at the stars …”

    I trust you were not smitten by the words of this song during those drives while viewing those stars…

  7. Former Federal LEO,

    From the link: “7. The law also makes it a state crime for somebody to stop on the street and pick up somebody for work, although it may be hard to prove – and because of the way the law is written this may still be OK as long as the driver pulls off the road first.”


    How are LEOs supposed to know what to do?

  8. Blouise et al.

    This is a good 7-Point breakdown of SB 1070—there is a link to the full law—from an Arizona newspaper with a slightly liberal slant (many call it the ‘Red Star’) although I think it one of the best online news sources I have read.


    Law professors, others decode language in controversial law

    Experts go over SB 1070’s key points


  9. Former Federal LEO,

    Ray Stevens has long been a favorite of mine … Ahab the Arab was popular during the summer of my junior year in high school. Warm summer nights riding in my boyfriend’s convertible looking up at the stars ……..

  10. mespo,

    A “toad-in-the-hole”(english recipe) is worth two in the … oh, never mind.

  11. I’ve read the law and I’m an Arizona rsident. The law stinks to high heaven, is an embarrassment and is unquestionably un-Constitutional. I’m not concerned so much about its impact on illegal immigrants, but on US citizens. That’s where the legal trouble is. So, what’s your point, Governor Brewer?

  12. Ray Stevens, one of my favorites since the 50s, has a humorous message reflecting the sentiments of many Arizonans.

  13. And Arapio will run for Senator or Governor if not in jail for all of his crimes committed thus far. But then look at McCain, no criminal charges for his role in the Keating 5.

  14. Kermit? It doesn’t even resemble or sound like Kermit?! More like Grover. By the way…. Have you read The law? Stop trying to sound important or educated. Your latin is crap… Next time try to use something other than babelfish.

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