First Amendment & Supreme Court

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Privacy Case Study

Fabrik Follies is a company that manufacturers novelty T-shirts. In 2008 they put out a series of shirts with caricatures of well known athletes on the front. The back of the shirts contained bits of comic data about the athletes, and parodies of their names. One of the shirts features a chubby cartoon caricature of Ric Lion, a popular wrestler and member of the Worldwide Wrestling Conglomeration, the WWC. The back of the shirt contained the following: “Sick And Cryin’” earned $4 bazillion last year throwing his weight around the ring. Cryin’ is a top draw for the WWC, the Weird Wrestling Circus.” Lion sued Fabrik for appropriation, claiming the company had used his likeness for commercial purposes. He also noted he was marketing his own line of shirts and jackets that contained his likeliness, and this shirt might hurt the sale of his own clothing. A. Would Lion sue for harm to his right to privacy or his right to publicity? Explain why you selected one cause of action rather than...
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Paper Proposals

Hello all. After completing your midterm, your next goal is to begin your paper proposal. Your paper proposal should center on answering questions regarding mass communication and law or ethics. (You can also propose the intersection of law and ethics in regard to mass communication.) In previous semesters, students have looked at libel law and social media likes, privacy law and drones, and advertising law and celebrity spokespeople on Instagram. Here is information about writing the paper proposal. Here is more Paper Proposal Advice. This information may also be helpful. There is discussion post for you in Webcourses to share your paper proposal questions and how you would answer the question (methodology). Please post by Friday, March 23 by midnight. We will build on this proposal in the following weeks.
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Advertising Regulation

The FTC has approved some changes to the use of testimonials in ads. Here's a summary of some of the changes: "Updated guidelines on ad endorsements and testimonials under final review by the Federal Trade Commission—and widely expected to be adopted—would end marketers' ability to talk up the extreme benefits of products while carrying disclaimers like "results not typical" or "individual results may vary." Here is a link to a press release from the FTC about the changes. Here is more about the Pizza Hut v Papa John's lawsuit. Here is more about the CAN-SPAM Act. It contains important information on advertising through emails.
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