Re: Tiger Woods Suit

On Tue, 23 Feb 1999, Gloria Phares <gcphares[_at_]pbwt.com> wrote:
>
> I wonder if these responses aren't giving short shrift to visual rather
> than verbal expression. There is now considerable case law (Supreme
> Court and courts of appeals) acknowledging that visual expression, like
> verbal expression, is protected under the First Amendment. Wouldn't the
> usual exceptions from privacy statutes/laws provide protection for that
> kind of expression? I'm not sure that the result should be different
> here.
>

Lest there be any confusion, I am not suggesting that the Montana case *should* be limited to news reporting, just that I think it *will be.* In fact, I think there are serious constitutional problems with the whole doctrine, as I argue in a forthcoming article.

Mark Lemley
<mlemley[_at_]mail.law.utexas.edu> Received on Wed Feb 24 1999 - 16:32:03 GMT