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NOTE: BasedBellagio is a FICTIONAL Performance Artist character. The views he expresses are not those of CHN, or of Central Happenings Network TV. This video is intended strictly for COMEDIC or SATIRICAL purposes, and is not intended to threaten or harass anyone. See Elonis v. United States, 575 U.S. ___ (2015); United States v. Bagdasarian, 652 F.3d 1113, 1118 (9th Cir. 2011) (a "true threat" must have objectively threatening language and include a subjective intent to intimidate); United States v. Doggart, 906 F.3d 506, 510 (6th Cir. 2018) (“an expression of an intent to inflict loss or harm”); United States v. White, 810 F.3d 212, 220 (4th Cir. 2016) (“serious expression of an intent to do harm”); United States v. Heineman, 767 F.3d 970, 972 (10th Cir. 2014) (“declaration of intention, purpose, design, goal, or determination to inflict [bodily injury] on another”). Rather, this video is an example of edgy or offensive humor, similar to South Park, Family Guy, Boondocks, etc. The creators of this video are not affiliated with any political movements or groups. The creators of this video do not endorse any particular course of action, ESPECIALLY NOT VIOLENCE.
All of the content in this video falls under the legal definition of "fair use." See 17 U.S.C § 107; Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994); Leibovitz v. Paramount Pictures Corp., 137 F.3d 109 (2d Cir. 1998); Cariou v. Prince, 714 F.3d 694 (2d Cir. 2013).
Moreover, the speech expressed in this video is protected under the First Amendment to the U.S. Constitution and may not be used as a predicate for any government action against its creators. See U.S. Const. amend. I; 42 U.S.C. § 1983; Fogel v. Collins, 531 F.3d 824, 832 (9th Cir. 2008); Watts v. United States, 394 U.S. 705, 706-708 (1969). "Understood in its full context, no reasonable person" would believe this crudely animated cartoon constitutes "a true threat of serious harm.” Fogel, 531 F.3d at 832. Government agents who target citizens on the basis of “an obviously satiric or hyperbolic political message” are subject to civil liability. Id. at 832. All government agents viewing this material are hereby on notice that it is COMEDIC, SATIRICAL, and entirely FICTIONAL.
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