Missouri\u27s Interfacing of the First Amendment and Right of Publicity: Is the Predominant Purpose Test Really That Desirable

Abstract

Many jurisdictions have struggled with the difficult question of how they should interface the interest of a celebrity in his or her right of publicity and the interest society holds in the freedom of artistic expression. The United States Supreme Court has not definitively addressed this issue, and, as a result, the approach to dealing with these types of First Amendment claims varies from jurisdiction to jurisdiction. This Note examines how the Missouri Supreme Court recently confronted this issue. To appreciate the court\u27s analysis, it is important to understand the interests that the right of publicity seeks to protect and how courts in other jurisdictions have dealt with this First Amendment issue. This Note examines the itnerests protected by, and the elements of, a right of publicity action and the various approaches articulated for dealing with the First Amendment issue. This Note also examines the potential practical implications of the test the Missouri Supreme court chose to adopt for dealing with First Amendment questions in a right of publicity context

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This paper was published in University of Missouri School of Law.

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