Ninth Circuit Denies Rehearing in Davis v. Electronic Arts

Tuesday, July 14, 2015 - 9:15pm

The Ninth Circuit denied rehearing in its controversial decision in Davis v. Electronic Arts that the use of real professional athletes identities in a video game was not protected by the First Amendment.  This decision leaves at risk numerous expressive and nonfiction works that include portrayals of historical fiction.  For a detailed analysis of why this decision is so dangerous to free speech see the Amicus Brief that Eugene Volokh and I drafted and submitted to the Ninth Circuit on behalf of Constitutional and Intellectual Property Law Professors.  A certioriari petition will likely be filed in the case in the next few weeks.  Stay tuned...