Sen. Josh Hawley (R-Mo.) loves getting consideration for his Capitol riot salute.
Hawley’s marketing campaign introduced Friday that it could proceed to promote a mug emblazoned along with his notorious pre-riot fist pump, even after the copyright holder of the unique picture despatched a cease-and-desist letter.
“The picture used on the mug is a protected honest use and the Hawley Marketing campaign’s speech is additional protected by the First Modification,” Hawley marketing campaign counsel Jessica Furst Johnson mentioned in a public response to Politico.
Politico mentioned it owns the rights to the picture, which was taken by E&E photographer Francis Chung earlier than a mob of Donald Trump supporters laid siege to the Capitol for hours (Politico owns E&E). The picture depicts Hawley saluting the gang earlier than he entered the constructing to make a doubtful objection to the 2020 presidential election.
As first reported by Avisionews final week, Politico had formally requested the marketing campaign to cease promoting gadgets that includes the picture.
“We didn’t authorize its use by the Hawley marketing campaign for the aim of political fundraising, which the marketing campaign has been placed on discover of by authorized counsel,” Politico spokesman Brad Dayspring mentioned.
Hawley, who by no means apologized for serving to Trump incite the assault, clearly loves the battle. Placing the image on marketing campaign merchandise represents a transparent provocation — his boldest assertion but that not solely had he performed nothing improper, his position within the occasions of Jan. 6, 2021, was truly good.
And as a substitute of responding to Politico in a non-public letter, Hawley’s marketing campaign put its refusal in a press launch, claiming that phrase of Politico’s demand had been “leaked” to Avisionews for self-serving causes. (Politico by no means shared its unique letter and solely advised Avisionews about it in response to a query about whether or not Hawley had obtained the rights to the picture.)
Hawley denied to Avisionews final month that he sells a “pro-riot mug,” regardless that the merchandise clearly places a good spin on one of many best-known photos from the Capitol assault. His marketing campaign has since put the picture on T-shirts and beer koozies.
As for Politico’s authorized argument, Hawley’s marketing campaign claimed that it’s not stealing the unique picture as a result of its model of the Chung picture is so closely stylized ― in black and white, with excessive distinction and no background.
“Neither the Marketing campaign nor Senator Hawley will interact in self-censorship to placate the legally baseless calls for of your shopper,” Johnson mentioned.
