Legal Question in Business Law in California

Re: Political toy marketing

You have nothing to worry about here, for a variety of reasons. First off, the ACLU respects free speech immensely and won't sue you for exercising your First Amendment rights here. Secondly, only the defamed person can bring a defamation case; the ACLU would not be able to sue you even if it wanted to. The ACLU does not bring suit on behalf of individuals unless the case presents an issue of widespread significance, and I don't see such an issue here so you won't even be on their radar screen.

Also, the fact that Saddam Hussein is a public figure would make a defamation case that much harder for him to win. Additionally, defamation must involve a false statement of fact, and your doll is not a factual statement. If you made this kind of item resembling a private citizen or a celebrity that person could sue for misappropriation of likeness, but a political figure would have a very hard time doing this (witness all the masks, etc., you can find in stores designed to look like President Bush).

Bottom line: only Hussein himself could sue you for this, he couldn't win such a suit, he would likely not be able to find an American lawyer willing to take his case anyway, and he has so many other things to worry about right now that I can't imagine he would bother.

Good luck with your business venture.

Re: Political toy marketing

In addition to what Mr. Hoffman said, you can't defame the character of a person who has none. Even if your doll implied he was a rapist and murderer, truth is always a defense to defamation.

Re: Political toy marketing

In California, and almost everywhere else I would assume, you must have 'standing' to sue. Third-party do-gooder organizations like the ACLU, Earth First or whatever sometimes can show standing to sue when the offended right is diffusely held, e.g. the NAACP standing up for all blacks.

Neither the ACLU nor any other organization here has any interest in the defamation (if your concept is indeed defamatory, which it probably isn't) of Saddam Hussein that would give it standing to sue on his behalf.

Only Saddam himself could sue. He might have to make a personal appearance at trial, then the FBI could nab him. You would be a national hero!

Re: Political toy marketing

If Saddam gets mad at you he will probably nuke your city rather than use the court system.