Last Updated:November 18 @ 07:54 am

Lawmaker Gets Photoshopped, Wants to Make it a Crime

By Bobby Eberle

A Georgia Democrat has been photoshopped into a provocative position, and he's more than unhappy about it. In fact, he wants to make it a crime. That's right. Kiss the First Amendment goodbye. If this liberal has his way, then a person could be fined for simply mocking someone through an image.

For those of you not familiar with the term "photoshopping," it comes from the software named Photoshop which is used to clean up, enhance, and alter images. The term "photoshopping" mostly refers to someone's image being superimposed onto another person's body or other different setting. This is what has the Georgia Democrat in a tizzy.

As Fox News reports, Rep. Earnest Smith wants to make it a crime to photoshop someone's image:

Rep. Earnest Smith pointed, as proof of the problem, to a picture of his head that was recently edited onto a pornstar’s body. That image was created by a blogger who used the image to mock Smith.

The Augusta-based legislator said he was not worried the bill would step on First Amendment rights.

“Everyone has a right to privacy,” he told “No one has a right to make fun of anyone. It’s not a First Amendment right.”

On his blog, attorney Jonathan Turley writes writes that Smith became upset when "someone photoshopped his picture by placing his head on the body of a porn star."

It is Smith’s understanding of free speech rather than aesthetics that concern me. His new misdemeanor crime would apply to the alteration of any photograph that “causes an unknowing person wrongfully to be identified as the person in an obscene depiction.”

As Turley points out, there are plenty of legal avenues to pursue if one feels "defamed." Parody, on the other hand, is "often treated as an exception."

So, rather than trying to use the current legal system, Smith wants to strike at the First Amendment. If he believes we don't have a right to "make fun of anyone," then when does it stop? Will we be able to speak out against the president? What will happen if we do? Will we go to jail?

This reminds me of the "warning" that was placed on Barack Obama's "famous" skeet-shooting photo. The White House actually stated that the photo "may not be manipulated in any way." Oh really? Or what's going to happen? I guess people on Facebook didn't get that memo.

This is America, not the former Soviet Union!

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  1. usafoldsargeComment by usafoldsarge
    February 16, 2013 @ 10:29 am

    Ya know if people didn’t make themselves into such idiots,ya know, say stupid things, ya know, do stupid things, ya know,provide fuel for the fire… Just maybe, ya know, maybe others wouldn’t do such naughty things, ya know…….
    All photoshop does, is provide a means for the person without artistic ability to become a cartoonist.. Where does this idiot get off wanting to make it a crime to lampoon an idiot, and fully support some other idiot who belives that burning the American Flag is covered by the 1st Amendment?

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    • Son Of ThunderComment by mcrank
      February 16, 2013 @ 10:37 am

      Hell—every Democrat should want their head photoshopped onto a porn star’s body—that would be the ultimate compliment—every time you turn around, one of them is involved in a sex scandal. Surprised Bill Clinton hasn’t led the pack.

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    • drsiqueComment by drsique
      February 16, 2013 @ 10:47 am

      “No one has a right to make fun of anyone. It’s not a First Amendment right.”

      Actually, Congressman, it is. Satire has even been exempted from copyright infringement. But, I guess it would be asking a lot of you to know things like this. Another idiot who got himself elected in a district that would support a black man if he was Idi Amin.

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    • maka49Comment by maka49
      February 16, 2013 @ 12:54 pm

      The Politicians are the worlds BIGGEST porn stars…..their screwing the American people everyday.

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    • Recce1Comment by recce1
      February 16, 2013 @ 4:52 pm

      Macrank, I liked your comments. Heck, I’m a conservative Republican and I wish someone would photoshop my head atop an Adonis type body. But I guess I’ll just have to settle with being a clothed 330 pound short balding gorilla with moths in my wallet. ;-)

      In all seriousness, while I find a lot of the photoshopping not only in bad taste but also of malodorous intent, outside of the libel and slander laws I see no need for additional laws, except your suggestion about stupidity, well…maybe not because I might get arrested at times. :-(

      However, I would tweak the slander and libel laws so as to take away the protection of claiming it’s OK to slander someone if they’re in the news or are a prominent figure.

      Start by making the law such that printing the wrong information after due diligence requires a prominent apology and payment of any actual damages done.

      If a libeler has not used due diligence be it neglect of a matter of lack of time and not tried to source their information properly then make them liable to simple civil penalties in addition to damages.

      If they shown reckless disregard for the facts by not trying to verify their charges then make the penalties treble.

      If what they did was with malice aforethought then it should be Katy bar the door, even if it means putting a person or news organization out of business. And don’t let them hide behind the bankruptcy laws.

      It the malice aforethought is part of an organized effort to discredit or harm the victim then perhaps criminal laws should come into play. However, I fear that might hit political parties hard.

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    • Johnny MayhemComment by Johnny Mayhem
      February 16, 2013 @ 6:10 pm

      reecce1 – If that law went into effect then the news media would be out of business. When was the last time they used “due diligence” or “tried to source their information properly”?

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  2. Son Of ThunderComment by mcrank
    February 16, 2013 @ 10:30 am

    Let’s make stupidity a crime—MAN, the world will be in great shape in no time!

    Do any of these idiots ever stop to think about the implications and the ripple effects that all of these government interferences will have were they to be implemented? Every nut case wants a law against something for their “protection” or their “cause”.

    When it comes to this trite, trivial nonsense, get a backbone and learn to take it on the chin. Learn to differentiate and recognize the real issues—and there are enough of those that warrant everyone’s attention and effort—ditch the childish mentality.

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    • Son Of ThunderComment by mcrank
      February 16, 2013 @ 10:33 am

      Oh—silly me—it’s a DEMOCRAT—why, of course he’s upset! Probably a Republican photoshopped him—at the direction of George Bush.

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    • Recce1Comment by recce1
      February 16, 2013 @ 4:56 pm

      Your’e quite wrong as to who photoshopped him. It was either Karl Rove or Dick Cheney. Remember, per the Progressives Bush only has an IQ of 91. ;-)

      But I enjoyed your comments.

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    • empty pocketsComment by empty pockets
      February 17, 2013 @ 10:10 am

      Mcrank: “Do any of these idiots ever stop to think…”

      Well, no, actually I doubt they have two working brain cells, so “thinking” is kinda out of the question.

      Maka49 got it right. The pols screwing us every day…and not even using the condoms they now (in Ca) expect the honest porn actors to use.

      I wonder why we didn’t hear his outrage over the photoshopping of Bush, Palin, McCain,…..

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  3. highsiderComment by highsider
    February 16, 2013 @ 10:49 am

    If this idiot succeeds in this stupid idea, they’ll kick him out of the Democratic party. Its their stock in trade at election times.

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  4. Dingbat36Comment by Dingbat36
    February 16, 2013 @ 10:58 am

    Probably one of Hank (Guam might tip over) Johnson’s friends, they are both from GA and from districts with the same percentage of racial makeup and a similar collective lack of any significant brain power! Lockstep loonies.

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    • RobertRComment by RobertR
      February 16, 2013 @ 12:40 pm

      Still pretty hard to believe that he was serious when he made those comments. What kind of education did he have? If any? It did represent the intelligence level of the left better than anything else out there. They will believe anything that they are fed. Absolutely zero intelligence to work with. No reasoning skills or common sense in any of them.

      As for this clown, he is what he is. Just proved that he has no sense or humor and that he’s a cry baby.

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  5. freedomforallComment by freedomforall
    February 16, 2013 @ 12:25 pm

    Hey now, You people are writing terrible things about this democrat. It is true that he is trying to step on the rights of free speech. It is also true that has many followers that agree with his beliefs. But, please don’t impeach ALL of the dems that has voted for this idiot. Convience them that he is the idiot, maybe, just maybe we can get some of them to listen to truth and reality and vote republican during the next election.

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  6. bizzybuzzerComment by bizzybuzzer
    February 16, 2013 @ 12:29 pm

    Congressman Smith of Georgia, a Democrat. He wakes up into a new world every day. That day he forgot that Democrats under the influence of the president play photoshopping every time they are seen or heard by the public. In other words, they change their image to be seen other than for real. So, if they do that under his new law, he will be breaking the law.
    I doubt that pres 0 would sign it.

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  7. SAnnComment by SAnn
    February 16, 2013 @ 12:37 pm

    Hey! He should be thrilled because he looks much, much better than himself after being photoshopped!

    Notice how the Dems are so touchy when it happens to them but let it happen to a Republican or Conservative and it is hilarious!

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    • mrickyridgeComment by mrickyridge
      February 16, 2013 @ 10:08 pm

      First of all if this was a republican saying this the idiot press would be all over this. As usual a liberal, moronic, democrat gets a pass but he’s wrong(what else is new). Bo hoo man up and take it. If you can’t handle it get out of politics. The republicans are ripped into on a daily basis, ridiculed, photoshopped and many other mean things. Grow up smith you cry baby.

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  8. ChewyBeesComment by ChewyBees
    February 16, 2013 @ 1:40 pm

    This is not a public matter, it is private. Therefore he can get out his big fat wallet, pull out some of the cash he’s bilked during his tenure in office, and pay off his slimy lawyer friends to file a civil suit.

    He knows he wouldn’t win. So then what does he do? Use the government against the people so no one can pick on him anymore, under penalty of death.

    Now he doesn’t have to pay for it all! The people he despises will fund it ten times over, and pay in the end when they can’t even speak without some sinister agent crawling up their rectum.

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  9. JohnerebComment by Johnereb
    February 16, 2013 @ 1:55 pm

    Typical attitude of a libatard. This guy is about the same as rep Johnson who worried if more Marines were sent to Quam, the island might capsize. How do these idiots keep getting reelected?

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  10. Jota_Comment by Jota_
    February 16, 2013 @ 2:07 pm

    It is a picture for goodness sake, not him.

    Does he think he has a right to shoot someone if they step on his shadow?

    As to whether a person has a right “to make fun of anyone”

    Am sure in the coming weeks he will find out just how wrong is this view

    Did you hear the one where a rabbi, a priest and Earnest Smith walk into a bar?


    Seems they were all following Earnest and he could not see where he was going because he had his head up his ***

    You know what is Earnest Smith spelled backwards “a joke”

    None of those were funny? Guess I have nothing to worry about. Maybe, next he will want to outlaw bad jokes?

    Am sure he is not alone in that one

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  11. ConservativeNotRepublicanComment by ConservativeNotRepublican
    February 16, 2013 @ 2:49 pm

    Anyone who has watched politics for any length of time knows that liberals are the most fascist, hyper-sensitive, thin-skinned creatures on the planet. They can not stand for anyone to criticize or judge them on anything, yet they have no problem passing judgement themselves on everything. But the most infuiating thing of all to a liberal is for someone to mock them. For above all else, the liberal seeks to be thought of by others as being of superior intelligence. And, of course, by virtue of that self proclaimed superior intelligence, they also claim the right to control your life for you since they have decided that they are so much smarter than you are, that you absolutely must require their assistance to make it through the day. Mocking them of course is the same as laughing in their face and telling them what stupid fools they are. Liberals don’t like that at all.

    I have no doubt that if this idiot could do it, his rule would only be in force as long as the targets are liberal Democrats. If you are a Chrisian or a conservative, then you can be degraded by anyone else at all times with no limits. That’s the way things work in the hypocritical, fascist, magical la la land of the politically correct liberal, where rainbow colored unicorns frolic in patures of socialistic utopian bliss, and no one lacks for anything because the wonderful Federal Government provides all and knows all.

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  12. signalsoldierComment by signalsoldier
    February 16, 2013 @ 3:33 pm

    “No one has a right to make fun of anyone. It’s not a First Amendment right.”

    Unless you are a liberal or a member of the msm, then it is your right to make fun of anyone who disagrees with you.

    Consider this, Earnie. Every comedian and stand up comic makes a living off of making fun of people. Let’s just put all of the comedians out of business and make them criminals, shall we?

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  13. bobComment by bob
    February 16, 2013 @ 3:37 pm

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  14. thedoveComment by thedove
    February 16, 2013 @ 4:22 pm

    I’m betting there wasn’t a peep out of this thin-skinned (is that racist?) idiot when all the photoshopped images of Sarah Palin were making the rounds. Any takers?

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  15. conservativepatriotComment by conservativepatriot
    February 16, 2013 @ 4:30 pm

    I guess it is OK for obama to Photoshop a phony birth certificate and try to pass it off as real, eh Congressman? Political cartoons in this country began with one by Benjamin Franklin, and Thomas Nast was infamous for his scathing treatment of Tammany Hall politicians in New York in the 19th Century. Any politician so ignorant as to not know that protecting this sort of satire was exactly the reason the Founding Fathers created the First Amendment should be removed from office as totally incompetent.

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  16. minutemankenComment by minutemanken
    February 16, 2013 @ 5:16 pm

    The person that should be upset is the porn star. his body has been parodied, desecreated with this clowns head.

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  17. Johnny MayhemComment by Johnny Mayhem
    February 16, 2013 @ 6:32 pm

    I don’t know what he complaining about it makes him look good. I’ll bet he wishes he had those muscles.

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  18. stevend1961Comment by stevend1961
    February 16, 2013 @ 11:24 pm

    Why is this moron crying about a photoshopping of his image , when his leader in chief allowed for a photoshop of a document and placed it in the public as “truth and fact”. Completely misrepresenting himself , and if he didnt do it he allowed some one else to do it for him. These dems are two faced tubs of a waste of human flesh and bones.
    We must remember that the rule of laws only apply to situations they themselves deem offensive , but if its done to usurpe standing laws , violating them are just what you do , and you have a right to do so.
    And there are absolutely nothing in our constitution that they understand applies to them in any fashion. The bill of rights will they believe that we have the right to give them all of our hard earned money, property, guns, take away our religous freedoms , and impose anything they think will benifit them and their cohorts, They believe that sex with anything is something of a right , and every woman , homosexual,pedophile, criminal, trangendered, mutated plant, minnow, tree, rock, journalist and illegal alliens is for whom thier living changing document” constitution” and their “bill of rights ” apply to. And since they make the laws and regulations they are not bound by them , and that goes for both sides of the isles, lawyers, judges, and of course the most powerful criminal of them all , the master photoshopper, manipulater, deceiver, and slanderer in cheif himself Obummer. This moron is just doing as his leaders and mentors are doing !

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  19. eagletalComment by eagletal
    February 17, 2013 @ 12:04 am

    Probably pi$$ed off because John Holmes wasn’t used for the body part and he only has 2 inches.

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  20. pkeyrichComment by pkeyrich
    February 17, 2013 @ 2:43 am

    Democrats should be careful what they propose because it also means the same applies to non-Democrats.

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  21. pkeyrichComment by pkeyrich
    February 17, 2013 @ 2:45 am

    Obama’s birth certificate was also Photoshopped, right? Professionals have analyzed it and deemed it so.

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    • patebooComment by pateboo
      February 17, 2013 @ 3:32 am

      It was analyzed multiple times, by multiple professionals, and all deemed it FAKE. The elderly woman who worked in the birth certificate department even said it was tampered with. But unless Obama himself says it’s fake, and probably not even then, nothing will be done about it or HIM.

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  22. patebooComment by pateboo
    February 17, 2013 @ 3:35 am

    Let’s think about this a minute. Bill Maher, Kathy Griffin, and Joan Rivers would be out of business. HMMM, this might not be such a bad law after all.

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  23. missingreaganComment by missingreagan
    February 17, 2013 @ 8:28 am

    This is what freedom looks like. Grow up and get used to it. Freedom is an open door and we, as a society must be adult enough to accept what walks through. We may not always like it but it makes us a better people.
    Maybe the Honorable House Rep Smith could learn from this and try to be a better Congressman!
    Then again, that may just be wacky talk.

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  24. teatrooperComment by teatrooper
    February 17, 2013 @ 2:47 pm

    If you can’t take the heat get out of the kitchen!
    You occupy a public office, there are people who disagree and will lampoon you. so get used to it.
    How come it is OK to insult any Christian Conservative and you cannot make fun of a jerk like Smith?
    What’s good for the goose……

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  25. js071257Comment by js071257
    February 17, 2013 @ 5:07 pm

    Surprised it wasn’t called racist too.

    Gotta love the “tolerance” of the left.

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  26. fazemanComment by fazeman
    February 20, 2013 @ 4:48 pm

    Oh my! He is offended? Both he (Smith) and the Democratic Party have no foot to stand on, they are all so offensive to me and a lot of the citizens “THEY WORK FOR”. Some how, they believe that we work for them. They love the First Amendment as long as they CONTROL IT. But when it offends them, we the people don’t know how to use it. Isn’t that funny on how it works back in Washington D.C.. Only the Privileged can use these Amendments. Grow UP SMITH! Get use to it! I hope that this is only the beginning of what offends you.

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  27. Haywood JablomieComment by Haywood Jablomie
    March 17, 2013 @ 7:53 pm

    ““Everyone has a right to privacy,” he told “No one has a right to make fun of anyone.”

    Another anti-freedom Democrat who’s never read the Constitution: there’s no such thing as a “right to privacy” in the Constitution. Any such right is only incidental.

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