The creators of South Park are supposedly protected from any legal recourse from the US President thanks to the 'small-penis rule'.
Donald Trump has been the punchline of a ton of jokes in the 27th season of the popular animated sitcom, as has his manhood. Right out of the gate, the masterminds behind South Park - Trey Parker and Matt Stone - made it clear they had an axe to grind with the commander-in-chief.
In the first episode of the latest series, titled 'Sermon on the Mount', the pair depicted Trump climbing into bed with Satan and attempting to seduce him.
As well as making jabs at his personality and his tendency to sue people, South Park has also made multiple jokes about the size of the President's penis.
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According to Satan, he 'couldn't even see anything' when the cartoon version of Trump took off his trousers as he fumed: "It's so f***ing small."
The POTUS then leaps out of bed and slaps his so-called lover, threatening to sue him.
After watching this scene, a host of viewers thought that Trump might actually take legal action against Parker and Stone for their brutal barbs.
But apparently, the South Park creators shouldn't lose any sleep over the prospect of being sued by the President, as the 'small-penis rule' could theoretically save them.
Although the jury is still out on whether this would stand up in court, it's at least a decent defence which Parker and Stone could try out if it came to it, The New Yorker reported.
For those who are unfamiliar, the small-penis rule is a strategy that could supposedly limit defamation liability for creators, including cartoonists.
Explaining the principle of the rule, Professor Michael Conklin wrote in the Nebraska Law Review: "The rule recommends that when an author utilises a fictional character to defame a real-life person, he should also give the character a small penis - the logic being that in order to sue, a plaintiff would have to admit that he is the fictional character, therefore admitting that he has a small penis."
In theory, this would 'dissuade' the average bloke from suing for defamation - as they've either got to whip out a seriously big willy to prove it was a lie, or hold their hands up and confess to having a small penis for the lawsuit to proceed.
However, legal experts, such as Professor Conklin, have raised doubts about whether the small-penis rule would suffice as a defence in a defamation case.
He continues to write that the logic behind this 'rule' doesn't limit the possibility for defamation; rather, it could provide just another statement to use against the defendant.
However, this doesn't mean that it is a defamation claim in itself, as 'there would still be defences available to potentially avoid liability', such as the opinion not being 'actionable in defamation' because it cannot be proven false, like an infactual statement.
Long and short of it, it's a double-edged sword, basically. So, make those tiny kn*b jokes at your own risk, people.
Topics: South Park, TV, Donald Trump, US News
Olivia Burke