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Pastimes : Investment Chat Board Lawsuits
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To: Janice Shell who wrote (4771)6/25/2003 11:34:31 PM
From: Mahatmabenfoo  Read Replies (1) of 12465
 
Janice, the fact the pix may be defamatory, but doesn't go to the narrow issue I was trying to address, which was the Illinois species of the right of publicity.

Clearly Elginy is irked NOT because his face is begin used to sell something, or because his privacy has been invaded. He's irked because he doesn't like the message.

That leaves room for libel, maybe (though the chance of success in this country is probably small), but it also is exactly what he CAN't use the right of publicity to to stop the pictures. The fact he is irked at the message proves there is a message -- and (subject to the libel laws, at least) is protected under the First Amendment.

- Charles
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