An update found
here:
The American Civil Liberties Union and Electronic Frontier Foundation have filed briefs in support of the Open Stories Foundation and “Mormon Stories” podcast and their founder, an organization currently being sued by The Church of Jesus Christ of Latter-day Saints over alleged copyright infringement.
On April 17, the Church of Jesus Christ of Latter-day Saints filed a lawsuit against Open Stories Foundation and John P. Dehlin, who operates the podcast “Mormon Stories.” The church argues that it has used the name Mormon since its founding nearly 200 years ago and that Dehlin’s branding will cause some people to believe “Mormon Stories” is associated with or endorsed by the church.
Some details:
On Friday, the American Civil Liberties Union of Utah (ACLU) and Electronic Frontier Foundation (EFF) filed amicus briefs asking for the dismissal of the lawsuit.
American Civil Liberties Union of Utah
In its brief, the ACLU argued that the term “Mormon” is not a source identifier, but describes “an entire ethnoreligious culture, tradition, and people, many of whom are not members of The Church of Jesus Christ of Latter-day Saints.”
Additionally, they state that “Mormonism” is defined as all traditions and history tracing back to Joseph Smith Jr. in scholarly fields. One Mormon denomination is the well-known Church of Jesus Christ of Latter-day Saints. However, other denominations include the Community of Christ and Fundamentalist Church of Jesus Christ of Latter-Day Saints (“FLDS”), the brief states.
Additionally, the word “Mormon” has been used in many popular entertainment fields, including in TV shows and to refer to TV shows like FX’s limited series “Under the Banner of Heaven” and “Sister Wives,” which have no connection to the church.
Under the extensive use of the word “Mormon,” including usage not associated with The Church of Jesus Christ of Latter-day Saints, ACLU argues that it is protected under free speech.
ACLU also states that “Mormon Stories,” as it is called, describes the underlying work it discusses, and is thus protected.
“(Defendants) use it to describe their podcasts, which produces and broadcasts stories about Mormon culture and history, as well as the lived experiences of Mormons and former Mormons,” ACLU concludes. “Therefore, Defendants’ use is nominative and descriptive fair use, which is protected speech under the Lanham Act.”
The EFF added:
The Electronic Frontier Foundation’s brief also argued that the term “Mormon Stories” should be protected under free speech, and an early dismissal of the lawsuit is warranted.
Like the ACLU, the EFF claims that the term “Mormon” is used for a wide variety of faiths, similar to the term “Catholic” and that there is no other term that could apply to both members of the Church of Jesus Christ of Latter-day Saints and those of the broader community.
Their brief continues, “locking up the term creates an improper barrier to criticism and commentary about the LDS Church, its doctrines, and even unaffiliated groups.”
Additionally, they claim that the church has abused their trademarks in the past, claiming that, in 2016, they threatened the Mormon Mental Health Association (MMHA) for its use of the term “Mormon.”
EFF states they helped MMHA fight back, but that “not every person or organization will have the knowledge or resources to do so, much less litigate the matter in court.” They argue that an early dismissal of the lawsuit will help ensure that Open Stories Foundation and John Dehlin will not face those costs.
An interesting development. The Church is looking like a petulant bully on this one.