Anonymous online bidders in the digital space known as web3 were offering thousands of dollars in cryptocurrency for an NFT made out of a screenshot of Carlson on the show last year in which he argued for body autonomy on coronavirus vaccines. The NFT would go on to sell Saturday for 12 eth — about $14,500 — with the creator, Jenny Holzer, saying she will donate the money to groups including Planned Parenthood, the Center for Reproductive Rights and the D.C.-based advocacy group PAI.
(An NFT, or a non-fungible token, is a digital image uniquely stamped to its creator. Eth is the name for a popular cryptocurrency linked to the ethereum blockchain on which many NFTs live.)
The move underscores the freewheeling nature of web3, in which wild injections of money commingle with loose standards of creative ownership. It also makes for one of the odder acts of unintentional philanthropy — activists outraged by the Court’s overturning of Roe raising money on the back of someone who has vigorously attacked the 1973 ruling. Last week, Carlson called Roe “the most embarrassing court decision handed down in the last century” and a “widely acknowledged joke.”
On his May 11, 2021, program, however, Carlson talked to Sen. Ron Johnson (R-Wis.) about Johnson’s decision not to receive a coronavirus vaccine. As Carlson agreed with Johnson — “Well of course; it’s your body, your choice, as we’ve heard for almost 50 years,” the Fox News host said — a chyron displayed the body-autonomy message. “Making an informed choice regarding your own body shouldn’t be controversial,” read the text at the bottom of the screen.
A Planned Parenthood in Florida quickly noted the chyron’s parallels to abortion rights. Those echoes also struck a D.C.-based communications strategist named Gillian Branstetter, who observed some similarities to Holzer’s work as well. A veteran artist, Holzer is known for combining texts and images to make political points. In the 1970s she created the “Truisms” series, which made art out of such messages as “Abuse of Power Comes As No Surprise” that she then broadcast in lights over Times Square.
Shortly after, Branstetter screen-captured the image of Carlson, Johnson and the chyron, appended the message “This is like a Jenny Holzer installation or something right?” and tweeted it out to her tens of thousands of followers. After news of the Court’s draft opinion overturning Roe broke this spring, Holzer decided to create an NFT out of Branstetter’s tweet.
“I will confess a lot of ignorance about NFTs generally, but was happy to give permission for this work to help raise some much-needed funds for abortion access,” Branstetter told The Post via a Twitter DM on Monday. Branstetter is a communications strategist at the ACLU but emphasized that she conducted this action as a private citizen independently of her employer.
Holzer did not reply to a request for comment The Post made via her studio. In a statement announcing the sale, she explained her rationale for the NFT. “Although the heading was meant to be read as an anti-vaccine remark, the words could also be a pro-choice statement,” she wrote of the chyron.
A Fox News spokeswoman did not reply immediately to a request for comment from the network and Carlson.
Holzer put the NFT up for auction about 12:30 p.m. Friday, just after the decision in Dobbs v. Jackson Women’s Health Organization came down. She listed it at half an eth, or about $600. Within six hours, a quartet of bidders had raised the price to nearly $13,000, before the winning bid was made Saturday around noon.
The sale on the Foundation NFT site listed an anonymous cryptocurrency address as the buyer. The Post located a Twitter account that last November had said it was the owner of the address; that account, which tweeted Friday about the Holzer auction, says it is affiliated with a group called PleasrDAO, which calls itself “a collective of DeFi leaders, early NFT collectors and digital artists who have built a formidable yet benevolent reputation for acquiring culturally significant pieces with a charitable twist.” (DeFi refers to decentralized finance, the term used for financial transactions in web3.)
Despite the sale, who actually owns the NFT is a complicated question, legal experts say. The NFT was created by Holzer off a screen-capture by Branstetter, but the image is of Carlson as he appeared on a Fox-owned show.
“I think it would come down to a fair-use argument, and both Fox and the NFT creators could make a case,” said Darren Heitner, a Florida-based intellectual-property lawyer with deep experience in this new digital space. “But I’d probably lean to the Fox side that this isn’t fair use because of the fact that the NFT is not really transformative and is definitely a commercial use,” he said, citing two of the legal criteria that would prohibit use.
He said one interesting question posed by NFTs, which are often resold, would be whether Fox could theoretically win an injunction that would stop the Carlson NFT from being sold again. “This is a really new area of law, and I don’t think we’ve worked out a lot of the details yet,” he said.
In the meantime, those behind the NFT were less keen to get caught up in those details and more eager to spread their pro-choice message.
“Bodily autonomy and self-determination can be fraught, but privacy and health are pillars of the women’s reproductive rights movement,” Holzer wrote on Instagram. “Social health is the goal. We must protect the rights of the individual that protect the health of society.”
Jeremy B. Merrill contributed to this report.