Judge rules videogame maker has 1st Amendment right to depict college football players

by Walter Olson on September 16, 2011

A federal judge “found that EA’s right to use the likeness of [former Rutgers quarterback Ryan] Hart was protected under the First Amendment of the Constitution and this right ‘outweighs’ Hart’s right to control the use of his name and likeness.” [GamePro]

{ 4 comments }

1 Titus 09.16.11 at 8:04 am

That is . . . bizarre.

2 Rliyen 09.16.11 at 9:27 am

Titus… Not much different from the Guitar Hero ruling.

3 Ed 09.16.11 at 10:59 am

So if I understand this correctly, I can use the judge’s likeness in a pornographic video game since it’s my right.

4 Bumper 09.16.11 at 12:35 pm

Ed,

According to one Rufus T. Firefly (which links back to http://runningwithlawyers.typepad.com/) when commenting in a 2004 post on “Underneath Their Robes” (http://underneaththeirrobes.blogs.com/main/2004/07/_general_commen.html) provides the following insight:

“I can’t believe you left out Judge Freda Wolfson from the District of New Jersey. In the mid 1990s I was involved in some RTC litigation. At the time, Freda was still a Magistrate (she was elevated to District Court Judge a few years ago) the in-house lawyer for the RTC took the train up from Washington to Trenton just to, as he put it, “meet the hot judge with the great legs.” A terrible omission on your part.”

Makes one wonder if what is good for the gander is good for the goose?

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