Artistic Expression or Crass Commercialism? Drawing the lines in Right of Publicity, Lanham Act, and Commercial Speech Cases
43(B)log
NOVEMBER 8, 2023
Although the Court long ago recognized that defamation claims need First Amendment safeguards because the state, through the judiciary, is making rules for speech, it is now unwilling to recognize the need for similar limits on other causes of action. Then I’ll talk about the 9 th Circuit case Enigma Software v.
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