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Tuesday, December 20, 2016

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Josh King

Those are all good arguments, and should be pursued, but there's a more fundamental point: that publicity rights depend on a finding of commercial use/commercial speech, and you can't bootstrap ad-supported media into commercial speech without violating the First Amendment (and destroying the media industry in the process). We had good luck with this argument in federal court earlier this year in Illinois (https://scholar.google.com/scholar_case?case=13947687089339061019&q=vrdolyak+v+avvo&hl=en&as_sdt=6,48).

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