Monday, February 15, 2021

The My Pillow Guy's Video and Disclaimers - Sleep Tight

 Disclaimers are everywhere and cover everything from the ridiculous to the sublime.

 “Do not use sheet as a parachute.”

“Items removed from the oven are hot and may cause burning.”

“The following program is a paid advertisement for Willie’s Widgets.  We are not responsible for its content.”

The legal effectiveness of disclaimers is widely debated but the purpose is clear – to avoid being sued.

This brings us to the My Pillow guy’s two-hour long video called “Absolute Proof” that has run repeatedly on right-leaning cable network OAN. OAN’s disclaimer before the video is notable both for its extraordinary length and specific distancing from the allegations that Lindell was promulgating.

You can almost hear Queen Gertrude in the background mouthing her classic “The lady doth protest too muchmethinks.” 

Whether OAN’s disclaimer would be sufficient to protect it from liability for defamation (suit has not yet been filed) is unclear from a legal standpoint. If the video had provided the absolute proof it promised, there would not be an issue. The better question is why OAN would potentially expose itself in the first place.

--Daniel Hoebeke

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