how can the elements of publicity law and the lanham act apply here

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Arizona, Florida, Louisiana, Oklahoma and Texas have adopted statutes making it illegal to use the name, picture or likeness of a member to the U.S. armed forces for commercial purposes without permission.

The Arizona legislature adopted that state’s law in response to complaints from family members whose relatives’ names were on an antiwar t-shirt. Dan Frazier, an antiwar activist , manufactured and sold the shirts containing the names of 3,461 soldiers who died in Iraq, as well as an antiwar message. The soldiers’ names were in small print, difficult to read without holding the shirt close to one’s eyes. Frazier challenged the law.

A federal court said the t-shirts were political speech and the soldiers’ appropriation rights were not more important than Fraziers’ First Amendment rights.

Based on what you’ve learned about free speech values and privacy/publicity rights, where are some legal/ethical conflicts? Is this a constitutional issue? How can the elements of publicity law and the Lanham Act apply here? Can you see any Supreme Court precedent in this case?

Response Requirements
Student responses are one page in length and should be supported with legal fact learned throughout the weekly lecture and text.

Important Note: It is recommended that students submit all of their assignments as attachments created in Microsoft Word instead of typing their submissions in the available text field.

Rubric

Week 4- Commercial Speech

Week 4- Commercial Speech

Criteria Ratings Pts

This criterion is linked to a Learning OutcomeIs Right of Publicity explained?What are all of the elements that must be proven to make a right of publicity (also known as appropriation of name and likeness for trade purposes) claim?

5.0 pts

This criterion is linked to a Learning OutcomeFree speech valuesIs commercial speech protected under the First Amendment? What constitutes commercial speech?

5.0 pts

This criterion is linked to a Learning OutcomeLegal and ethical conflicts plus Supreme Court casesAre there legal and/or ethical conflicts between the right of publicity and free speech? Are there any Supreme Court cases relevant to the discussion?

5.0 pts

This criterion is linked to a Learning OutcomeResearch resources, Well written and MLA format followedDoes the student cite to the textbook and other academic resources? Is the paper well written? Is MLA style followed with a Works Cited Page that follows the hanging indent format?

5.0 pts

Total Points: 20.0

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