The creators of South Park are claimed to be relying on a legal concept now known “small-penis rule” as a defence against potential litigation from Donald Trump.
In recent weeks, the cartoon has mercilessly trolled the US leader, leading the hit show to record viewing figures for a new season debut. In the episode called “Sermon on the Mount” one scene depicted the president naked and in bed with Satan. Trump is portrayed as a deeply insecure leader who literally gets into bed with the devil, his apparent lover.
“I’m not in the mood right now,” Satan tells him. “Another random b**** commented on my Instagram that you’re on the Epstein list.” Most notably, however, the Trump of “South Park” is endowed with a penis so small that Satan says he “can’t even see anything.”
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Trump has recently fired off a volley of lawsuits against several media organisations over their reporting or depiction of him.
But now, US legal experts say, Trey Parker and Matt Stone’s ridiculing of Trump’s manhood is a ploy to ensure they do not become the latest target of his ire.
The small-penis strategy allows creators to portray a real-life figure in a fictional work while minimising the risk of a libel suit by attributing the character a small penis. The reasoning is that any potential lawsuit would require the plaintiff, in this case, Trump, to tacitly confirm the description as accurate.
Parker and Stone have a long history of satirising political figures, with Trump appearing regularly since his rise to prominence.
Their work often exaggerates perceived personality traits to generate humour while remaining within the protections afforded to parody under US defamation law.
Media legal experts note that the “small-penis rule” offers a symbolic form of protection and that such portrayals allow viewers to engage with political discourse through humour, while remaining legally safeguarded. US defamation law sets a high bar for public figures seeking damages, requiring proof that false statements were made with actual malice. The animated and exaggerated nature of South Park’s portrayal further strengthens its legal position.
Reactions to the episode have been mixed. Some have praised the series while others, including the White House, describe the content as crude or excessive.
Trump spokesperson Taylor Rogers said: “The Left’s hypocrisy truly has no end – for years they have come after South Park for what they labelled as ‘offence’ content, but suddenly they are praising the show.
“Just like the creators of South Park, the Left has no authentic or original content, which is why their popularity continues to hit record lows,” Rogers continued.
“This show hasn’t been relevant for over 20 years and is hanging on by a thread with uninspired ideas in a desperate attempt for attention. President Trump has delivered on more promises in just six months than any other president in our country’s history – and no fourth-rate show can derail President Trump’s hot streak.”
Parker later made a short joke apology to Trump for ridiculing him in the opening show. After it aired, the White House described South Park as a "fourth-rate" show that was "hanging on by a thread with uninspired ideas in a desperate attempt for attention". Asked about the reaction during a panel at Comic-Con International in San Diego, Parker said, with a mock-serious face: "We're terribly sorry."
Since its première in 1997, the cartoon, which follows a group of profane elementary schoolers in the town of South Park, Colorado, has targeted the rich and the powerful.
In 2023, the cartoon trolled Prince Harry and Meghan Markle in the episode "The Worldwide Privacy Tour”.
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