After “Pretty Woman”: Parody, Late-Night Television, And The Recalibration Of Fair Use From Campbell To The Platform Era: A Sequel
Events surrounding Jimmy Kimmel Live! illuminate two complementary ways U.S. law mediates the tension between intellectual property (IP) and free speech. First, copyright’s built-in First Amendment accommodations—most centrally, fair use and the idea–expression boundary—leave breathing room for commentary, criticism, and parody. That accommodation is on full display in Santos v. Kimmel (2025), where the Second Circuit affirmed dismissal of George Santos’s copyright claims because Kimmel’s on-air use of Santos’s Cameo videos was fair use. Second, when state actors pressure private intermediaries to suppress speech, First Amendment “jawboning” doctrine (separate from IP) polices coercion. Read together, these doctrines preserve space for...
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