Keith Cowing is a blogger on Space Ref, a science blog, and was surprised recently to receive a call from the White House. White House staffer Rick Weiss reportedly called to warn him that his inclusion of the seal of Executive Office of the President of the United States violated federal law because it could be viewed as a product endorsement. A review of the blog entry demonstrates the claim to be preposterous in my view and I am unsure why the White House is spending such much time searching for seal misuses rather than . . . let’s see . . . war crimes.
Cowing had simply posted a brief post on a meeting of the President’s Council of Advisors on Science and Technology. He then received the call from Weiss and distorted the image of the seal to satisfy the White House. As noted by the EFF below, the FBI has been making similar demands under 18 U.S.C. sec. 701, which is aimed at use of government seals to deceive the public.
Now, the seal is shown with the words “OSTP Logo Pixelated Due to a Phone Call Complaint from the White House.”
We have previously seen objections on the use of the image of the First Lady in advertisements.
It does not appear that Rick Weiss’s own blogging is a concern in the use of multiple seals since the White House supports his blogging. One could view this as a bit of turf protection between two blogs following science issues in government.
Weiss is described on some sites as “co-editor of Science Next, former Washington Post reporter, and current director of communications at the Office of Science and Technology Policy at the White House.” He has his own active Twitter site with 246 followers. Perhaps the greatest defense for Cowing is that, at the low approval ratings of President Obama in the polls and growing anger from both liberals and conservatives over his performance, no one in their right mind would suggest an endorsement by the White House.
Besides as one of our regulars (Otteray Scribe) pointed out, we know someone who tosses around the seal all the time:
WARNING: THE INCLUSION OF THE PRESIDENTIAL SEAL ABOVE IS NOT AN ENDORSEMENT OF THIS BLOG OR ITS IDEAS OR CLAIMS OR SUGGESTIONS OR HINTS OR ELUSIONS. FOR EXAMPLE, THE PRESIDENT IS NOT ENDORSING THE LINE OF HIGH QUALITY TURLEY PRODUCTS INCLUDING “PROFESSOR ON A ROPE” SOAP, TURLEY BUSTS (IN A VARIETY OF HEROIC IMAGES), TURLEY TEESHIRTS, TURLEY COFFEE MUGS ETC. THE PRESIDENT IS NOT NECESSARILY SAYING THAT ANY GOOD AMERICAN SHOULD READ THE TURLEY BLOG AT LEAST FIVE TIMES A DAY. HOWEVER THE WHITE HOUSE IS NOT DENYING THAT THE PRESIDENT HIMSELF READS THIS BLOG AND CONSULTS ITS DAILY ENTRIES LIKE A STAR CHART EVERY MORNING.
Source: EFF
If the seal is in and of itself a product endorsement then it would also be an endorsement of whoever is in the White House would it not? I’m wanting my money back for several presidents then ’cause I got bait and switched!
Professor, just a bit of marketing advice here; a defense attorney probably should not market soap on a rope, ’nuff said 🙂
I do want the T-shirt and a heroically posed bust, I do hope they’re sculpted in the fantasy-art style, with a sword and dragons. That seems appropriate for one specializing in constitutional law these days. 🙂
Or something along the lines of Frazetta’s image for “The Gauntlet” with Lady Justice substituting for Sondra Locke would be a great poster design if you were interested in expanding your product line?
http://www.impawards.com/1977/gauntlet.html
Great posting Professor and if you set up a PayPal account I’ll chip in a few bucks on your bail when you are taken away for multiple counts of appropriating the seal.
That was sarcasm prof! Not that sarcasm didn’t land several people at Gitmo but I didn’t think you had the Federal power to put me there.
MetroCowboy,
Party time!
Otteray, it’s not that your not a major shit disturber you are and raf is and so many more but I hate typing with a passion which is lucky for you guys or you would be reading my opinions all the time..
Now my feelings are hurt. MetroCowboy left me off the list. I am already on a lot of shit lists, so if I am going to wrest the record from BIL and AY, I must not miss any opportunity.
Seems like better things to waste time on….
Aren’t there 3 wars, budget problems, the falling dollar etc. that they need to be worrying about. This is small and petty & doesn’t help the WH’s image.
Hey,
Where do I get my Turley blog T-Shirt with the presidential seal on it???
I’ll be putting that seal on my blog right away.
And what Elaine said.
MetroCowboy,
You say that as if we all aren’t already on somebody’s list.
I suspect all of us regulars and our host have “official files” by now. I’d be surprised if we didn’t. We are part of the vocal dissent against unconstitutionality and criminality in government and industry after all.
MetroCowboy,
Moi? I plead the fifth!
Oh anyone I missed Im sure some federal watchdog will be happy to add to the list
Well the professor seems determined to get us on somebodies shit list pardon my french….BUT the good news is that when it happens I, being the dumbest person on this list will blame it on the professor and BIL and Vince T and AY and Anon, and Elaine and Blouise and the list goes on and on and on…
The seal of the people’s house belongs to the people.
“A review of the blog entry demonstrates the claim to be preposterous in my view and I am unsure why the White House is spending such much time searching for seal misuses rather than . . . let’s see . . . war crimes.” -Jonathan Turley
Indeed.
War crimes? What’s a war crime or two these days… Quiet now, and let the administration take care of serious business…
Aren’t you risking your reputation here prof? Given the quality of legal “thinking” coming out of this White House I would think you would want to distance yourself, even your little blog here, from them.
Frank, did you say “little blog”? Do not make me use my clearly implied federal authority . . .
Oh great … now we’re going to have to spring both Manning and the Prof … Barney, get another horse.
rofl
Love the boilerplate, Prof.
How would one be able to obtain a Turley bust in any of the variety of heroic images? I want to get a jump on my Christmas shopping and send Keith Olbermann a “Good Luck With The New Show” gift.