Is It Infringement If It's Funny?
Strict Scrutiny
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The Judgment of Elena Kagan
Some of the justices seem to be saying, well, okay, so speech can be a parody, but this is a toy that is sold as a toy. So it's not a parody,. whereas maybe a t-shirt with some words, text, maybe images could be a parody. There was also this idea of floating a commercial versus non-commercial distinction; non-commercial parodies are subject to heightened protections while commercial ones like these might not.
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