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Home News Supreme Court Rejects Steve King’s Appeal In “Success Kid” Copyright Case

Supreme Court Rejects Steve King’s Appeal In “Success Kid” Copyright Case

by Celia

The U.S. Supreme Court on Tuesday rejected a bid from former Iowa Congressman Steve King to avoid paying a small judgment in a copyright case involving the popular “Success Kid” internet meme.

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The justices declined to hear King’s appeal, which sought to overturn a lower court’s ruling that his 2020 reelection campaign owed $750 to Laney Griner, the mother of the baby in the iconic photo. The image of an 11-month-old boy on a beach, clenching his fist with a determined look, was used in King’s campaign ads without permission.

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The photo, taken in 2007, became widely popular as a meme celebrating victories. Laney Griner, who holds the copyright to the photo, has licensed it for use in ads by major companies, including Coca-Cola and Microsoft. King’s campaign used the image with a caption urging donations, stating, “Make sure the memes keep flowing and the Lefties stay triggered.”

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Griner filed a copyright infringement lawsuit in 2020 after King used the photo in his campaign materials. A jury ruled in her favor, awarding her $750 in damages. The 8th U.S. Circuit Court of Appeals upheld the decision in 2024.

King’s campaign argued that the widespread use of memes on social media made his use of the photo justifiable. In his Supreme Court filing, King contended that he had an “implied license” to use the image, suggesting that since the meme had been shared widely, Griner could not claim exclusive rights to each individual use.

Judge Duane Benton, writing for the 8th Circuit, dismissed this argument, stating that “everyone else is doing it” was not a strong defense for copyright infringement.

King lost his 2020 bid for re-election, after being defeated by a fellow Republican in a primary. His loss followed years of controversy over his comments on race, immigration, and other issues. In 2019, the House of Representatives voted to censure King for remarks that questioned the meaning of “white supremacy,” and he was stripped of his committee assignments.

The Supreme Court’s decision effectively ends King’s attempt to avoid paying the $750 judgment to Griner.

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