This paper examines the tension between the First Amendment and Publicity Rights considering why and how friction is emerging, the legal underpinnings and theories behind the development of publicity rights and how to reconcile this with values raised in support of the First Amendment. This collision course of rights occurs where property interests have vested in human identity itself which brings us face to face with the outer limits of free speech and expression under the First Amendment and evens tests the notion of how we define speech. The paper takes a dive into some of the currently arising issues with an eye towards future implications, and with concern for the legal uncertainty resulting from the emerging tests being used, inconsistent case law, and the overall landscape shaping this area of law.
Harmonizing the Tension Between the First Amendment and Publicity Rights and Finding the Right Balance: Discerning How Much Freedom is Warranted and What Needs Protection,
3 U. Cin. Intell. Prop. & Computer L.J.
Available at: https://scholarship.law.uc.edu/ipclj/vol3/iss1/2