The Weaponization of Nostalgia: How Government Agencies Are Losing the Culture Wars – and Facing Legal Backlash

Nearly 70 million views. That’s how many times the Department of Homeland Security’s (DHS) TikTok video, featuring ICE arrests set to the Pokémon theme song, has been viewed across social media platforms. The attempt to reframe a serious issue – immigration enforcement – through the lens of childhood nostalgia backfired spectacularly, igniting a firestorm of criticism and raising critical questions about the government’s increasingly clumsy attempts to engage with online culture. This isn’t an isolated incident; it’s a symptom of a larger trend: government agencies and political entities misusing, and often illegally using, intellectual property and cultural touchstones, and the growing resistance from artists and companies.

From ‘Gotta Catch ‘Em All’ to Cease and Desist: A Pattern Emerges

The Pokémon Company International was quick to distance itself from the DHS video, issuing a statement confirming they had no involvement and hadn’t granted permission for the use of their intellectual property. This response, while expected, highlights a crucial point: the assumption that popular culture is freely available for political appropriation is demonstrably false. The DHS’s actions follow a recent pattern. Just last month, an ICE video was pulled after using Jay-Z’s “Public Service Announcement” without authorization, and Black Rebel Motorcycle Club issued a cease-and-desist over their music being used in a recruitment video. Even former President Trump faced legal challenges and demands from artists like Eddy Grant, ABBA, and Jack White to stop using their music during his campaigns.

Why This Is Happening: The Attention Economy and Political Messaging

The driving force behind this trend is simple: the attention economy. Traditional political messaging is increasingly ineffective in reaching younger audiences who spend significant time on platforms like TikTok, X (formerly Twitter), and Instagram. Agencies are attempting to tap into existing cultural currents to gain visibility and, crucially, to shape narratives. The problem? These attempts often come across as tone-deaf, exploitative, and legally precarious. The DHS’s use of the Pokémon theme, intended to evoke a sense of pursuit and capture, instead triggered outrage by associating a beloved franchise with a controversial and often traumatic experience for those being arrested. This highlights a fundamental misunderstanding of how cultural resonance works – and the potential for severe backlash.

The Legal Landscape: Copyright and Fair Use

The legal basis for these disputes rests on copyright law. Using copyrighted music, imagery, or intellectual property without permission is generally illegal. While “fair use” exceptions exist (for parody, criticism, news reporting, etc.), these are often narrowly defined and subject to interpretation. The DHS’s use of the Pokémon theme song and imagery doesn’t fall under any reasonable interpretation of fair use. The agency wasn’t offering commentary or criticism; it was attempting to leverage the brand’s popularity for promotional purposes. This is a key distinction, and one that agencies are increasingly likely to lose in court. The U.S. Copyright Office provides detailed information on fair use guidelines.

Beyond Legal Battles: The Erosion of Trust and Brand Damage

The consequences of these missteps extend beyond legal fees and takedown notices. They erode public trust in government institutions and damage the brands of the agencies involved. The backlash from artists like Bad Bunny, who has refused to tour the US due to fears of ICE raids, demonstrates the potential for economic repercussions. Furthermore, the constant need to defend these actions distracts agencies from their core missions and creates a public relations nightmare. The situation is further complicated by the fact that these agencies are often funded by taxpayer dollars, making the unauthorized use of copyrighted material even more egregious in the eyes of the public.

The Comedian’s Counterstrike: A New Form of Resistance

The response from comedian Theo Von, whose audio clip was also used without permission by the DHS, adds another layer to this story. His demand for a check and a removal of the video isn’t just about financial compensation; it’s a statement about artistic control and the right to choose where one’s work is used. This highlights a growing trend of artists actively pushing back against unauthorized use of their content, leveraging social media to amplify their voices and hold institutions accountable. This form of direct action is likely to become more common as agencies continue to stumble in their attempts to navigate the complexities of online culture.

The Future of Political Messaging: Authenticity and Respect

The DHS’s missteps, and those of other government entities, offer a valuable lesson: authenticity and respect for intellectual property are paramount. Simply appropriating popular culture to grab attention is a short-sighted strategy that ultimately backfires. Instead, agencies need to focus on creating original content that resonates with their target audiences and building genuine relationships with artists and creators. This requires a shift in mindset, from viewing culture as a resource to be exploited to recognizing it as a complex and valuable ecosystem that deserves respect. The age of simply “borrowing” cultural capital without permission is coming to an end, and those who fail to adapt will continue to face legal challenges and public condemnation. What will it take for government agencies to learn that genuine engagement trumps clumsy appropriation?