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Fantagraphics Replies to Ellison Lawsuit

As has been reported all over the comics sector of the Internet (what? you didn't know each area of interest has its own sector?), Fantagraphic's lawyers have filed their response to Harlan Ellison's lawsuit.

It's in lawyerese, but, essentially, their defense is: a) they didn't say it, b) it's not illegal, and c) it's true anyway.

This one isn't as quotable as Ellison's complaint, but I particularly like the Sixth Affirmative Defense, where Fantagraphics claims that their statements "are constitutionally protected statements of opinion and/or rhetorical hyperbole." Does this mean we might see Ellison arguing that rhetorical hyperbole isn't constitutionally protected? (That would be interesting, to say the least.)

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