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Brief Of Amici Curiae Law Professors In Support Of Defendant-Appellee National Football League, Rebecca Tushnet, Mark Mckenna
Brief Of Amici Curiae Law Professors In Support Of Defendant-Appellee National Football League, Rebecca Tushnet, Mark Mckenna
Court Briefs
No. 14-3428
John Frederick Dryer v. National Football League
On Appeal from the United States Distric Court for the District of Minnesota, Civ. No. 09-02182 (PAM/FLN), Hon. Paul A. Magnuson
From the Summary of Argument
Based on the undisputed facts, the NFL’s films in this case are noncommercial speech; their profit-seeking and brand-building nature are standard features of noncommercial speech. Truthful, nondefamatory noncommercial speech deserves full First Amendment protection, and there is no justification for allowing Appellants to control speech about them in this case.
Separately, Appellants’ right of publicity claims are preempted by the Copyright Act, which allows owners …