The Yale Law Journal

Jennifer E. Rothman

Article

The First Amendment and the Right(s) of Publicity

Robert C. Post & Jennifer E. Rothman

First Amendment analysis in right of publicity cases is notoriously troublesome. To remedy this nettlesome conflict, this Article disaggregates the distinct interests that support publicity laws, and then analyzes how these intersect with First Amendment values. By doing so it offers a navigational …