Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Florida Levin College of Law (7)
- University of Colorado Law School (3)
- University of Georgia School of Law (3)
- Washington University in St. Louis (3)
- Boston University School of Law (2)
-
- Loyola University Chicago, School of Law (2)
- University of Richmond (2)
- American University Washington College of Law (1)
- Columbia Law School (1)
- New York Law School (1)
- Notre Dame Law School (1)
- SJ Quinney College of Law, University of Utah (1)
- University of Miami Law School (1)
- University of Pennsylvania Carey Law School (1)
- Washington and Lee University School of Law (1)
- West Virginia University (1)
Articles 31 - 31 of 31
Full-Text Articles in Law
Drawing Trump Naked: Curbing The Right Of Publicity To Protect Public Discourse, Thomas E. Kadri
Drawing Trump Naked: Curbing The Right Of Publicity To Protect Public Discourse, Thomas E. Kadri
Scholarly Works
From Donald Trump to Lindsay Lohan to Manuel Noriega, real people who are portrayed in expressive works are increasingly targeting creators of those works for allegedly violating their “right of publicity”—a state-law tort, grounded in privacy concerns, that prohibits the unauthorized use of a person’s name, likeness, and other identifying characteristics. This Article provides a new framework to reconcile publicity rights with a robust commitment to free speech under the First Amendment. After describing the current landscape in the courts, this Article scrutinizes the “educative” First Amendment theory that has motivated many of the past decisions confronting the right of …