Gripe Site Wins Against Televangelist Jerry Falwell

LYNCHBURG, Va. – An appeals court has ruled that social critic Christopher Lamparello can continue to operate a website griping about convervative televangelist Jerry Falwell’s anti gay “fanatical” conservative views.

The U.S. Court of Appeals for the Fourth Circuit ruled on Aug. 24, in the case Lamparello vs. Falwell, that a website with a similar domain name to Falwell’s, but misspelled, can legally maintain its diatribes against the Baptist pastor who once supported racial segregation and has been an outspoken critic of homosexuality, saying on one occasion “that even animals don’t do that.”

Falwell originally sued Lamparello in 2003 over trademark infringement claims and cybersquatting for using Fallwell.com to lambaste Falwell’s religious and social views.

After first winning an order to enjoin Lamparello from using the domain name and transfer it to Falwell, the televangelist eventually lost the case because the three-judge appeals court found it unlikely that users who happen upon a site critical of Falwell are going to mistake it as Falwell's own.

"No one would believe that Reverend Falwell sponsored a site criticizing himself, his positions and his interpretations of the Bible," Circuit Judge Diana Gribbon Motz said in her comments.

According to the panel, a gripe site need not signal its critical nature in the domain name itself so long as the content of the underlying website clearly conveys that gist, the panel ruled.

“Both the domain name and its underlying content must be taken into account in determining likelihood of confusion,” the panel concluded, refusing to recognize Falwell's "initial interest confusion" theory of liability. The court also threw out evidence of an intent to profit financially from use of the domain, which on a good day received an average of 200 hits.

The American Civil Liberties Union applauded the ruling as a victory for free speech on the Internet.

“Trademark law must not be used to inhibit the freedom of speech in this powerful and important medium,” the ACLU said in a statement.

In February 1999, an article in Falwell's National Liberty Journal suggested that a Teletubbies character, Twinky Winky, could be a hidden gay symbol because the character was purple (which he claimed was a color symbolic of homosexuality), had a triangle on his head and carried a handbag.

According to reports, Falwell denied any personal involvement with the original article, and made clear he never had any prior knowledge or concern with the Teletubbies.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Taylor Nicole Launches New Site Through YourPaysitePartner

Creator Taylor Nicole has launched her new official website through YourPaysitePartner (YPP).

Adult Networking Platform SpicyGigs.com Launches

SpicyGigs, a new adult industry networking platform, has officially launched.

Pineapple Support to Host 'Cream Pie Challenge' Fundraiser

Pineapple Support is hosting its Cream Pie Challenge through August to raise funds for mental health services for industry performers.

Kyrgyzstan President Signs Measure Outlawing Internet Porn

President Sadyr Japarov of Kyrgyzstan on Tuesday signed into law legislation outlawing online adult content in the country.

NC Legislature Overrides Veto of Extreme Anti-Adult Industry Bill

The North Carolina state legislature on Tuesday voted to override Gov. Josh Stein’s veto of a bill imposing regulations that industry observers have warned could push adult websites and platforms to ban most creators and content.

Report: VPN Downloads Soar in UK Following Age Verification Deadline

Virtual private network apps, which can be used to circumvent geo-specific age verification requirements, are topping Apple App Store downloads in the U.K. in the wake of new Online Safety Act rules, the BBC is reporting.

Strike 3 Holdings Sues Meta for Pirating Vixen Media Group Content to Train AI

Vixen Media Group owner Strike 3 Holdings filed suit in federal court this week, accusing Facebook parent company Meta of copyright infringement and alleging that Meta has extensively pirated VMG content to train its artificial intelligence models.

Pineapple Support, Streamate to Host 'Navigating Grief and Loss' Support Group

Pineapple Support and Streamate are hosting a free online support group to help performers cope with grief and loss.

Friday is Final AV Compliance Deadline in UK

Friday, July 25 marks U.K. media regulator Ofcom’s deadline for user-to-user services such as tube, cam and fan sites to implement its requisite “highly effective age assurance” measures for preventing minors from viewing adult content.

AEBN Publishes Popular Searches for May, June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Show More