Showtime vs ACLU, parody or plagarism?

Remember when ACLU wentall flag-waving patriotic in a campaign shot by Peter Gerke? Yeah, I remember it too - even though it's almost 3 and a half years ago that Los Angeles Branding and Advertising Agency Benenson Janson "underlined the difference between talking the talk and actually taking a stand" with the imagery.

This American tongue idea is now showing up in an entirely different kind of campaign.

Our badland-tipster tells us:

A new campaign, launched just last week, displays the exact same visual concept... this time attached to comic Tracey Ullman’s head, used in a campaign by Showtime to promote her new political satire show, “State of the Union.”

All without any clearance, permission from or recognition of the ACLU or BENENSON JANSON.
Probably when you are as big as Showtime, you can do just about anything you like to make a buck.

And... when you think about it... isn’t that the real problem with the State of Our Union today?

Ah well. All I'm thinking is that toungue paint probably tastes horrible. ;) Yes I know there's photoshop kids, I'm kidding!