Forest Service seeks to silence Smokey the Bear over fracking [View all]

[Champion Jack]

In the fall, LaRoe created an image of Smokey that altered his famous invective “Only you can prevent forest fires” to “Only you can prevent faucet fires” — a reference to the phenomenon of flaming taps that occasionally occur near where fracking takes place. The adjustment seemed to her in line with the message of conservation Smokey has come to embody.
• • • • • • 
Despite the warnings in the cease-and-desist letter she received, the May 2 deadline to shut down her site and retire her anti-fracking Smokey came and went; LaRoe has not ceased or desisted. Instead, she enlisted the help of her own legal counsel, who fired back with a letter to the Metis Group on Friday. In it, attorney Evan Sarzin argues that LaRoe ‘s culture-jam appropriation of Smokey is permissible under the fair-use exemption to exclusive copyright ownership and chides the the Forest Service for attempting to infringe on LaRoe’s First Amendment rights.

Sarzin also points out that this is not the first time the Forest Service has sought to silence environmentalists for appropriating Smokey’s image. In the early 1990s, the Forest Service demanded reparations from the Sante Fe-based conservation group LightHawk after it used Smokey’s likeness in ads critical of the agency’s practice of auctioning off land to timber companies. (The Forest Service, as part of the Department of Agriculture, makes its land available for commercial use.) Unlike LaRoe’s Smokey, LightHawk’s black bear appeared angry and wielded a chainsaw. “Say it ain’t so, Smokey,” read the ads.


http://wagingnonviolence.org/feature/forest-service-seeks-to-silence-smokey-the-bear-over-fracking/