Goal: To show that you understand the issue the Supreme Court must decide, the major arguments for each of the parties, and why this case is important to businesses today.
References. Your paper should be footnoted throughout – with footnotes appearing at the end of each page. You do not need to cite every sentence. If it is clear which court you are referring to, you do not need to cite to it repeatedly. But when you are discussing more than one decision, be clear which you are referring to.
At the end of your paper, you must include a section entitled “Sources Consulted.” You must cite all sources used in your paper, including the case you selected. See sample citations. I have given you the citations for your case.
- Video Games and the First Amendment
Issue: Issues Presented to the United States Supreme Court: (1) Whether the First Amendment right to free speech protects using a person’s actual likeness without permission when weighed against that person’s property, privacy and dignity rights against unauthorized use of his likeness; and (2) whether the First Amendment right to free speech protects a video game maker’s unauthorized use of a person’s face and voice in a game.
For this case, you need to read two decisions – they are short:
- Hamilton v. Speight, 413 F. Supp. 3d 423 (E.D. Pa. 2019). This case has more information so you will get most of your information from this source. This is the district court case. So use this case for most of the information in the paper. And then you can state that the Third Circuit upheld the decision. You can add any new or interesting information from the Third Circuit decision.
- Hamilton v. Speight, 827 Fed. Appx. 238 (3d Cir. 2020). The Third Circuit upheld the lower court’s decision. This is the court of appeals decision.
Facts of the Case:
This section should tell the story – who are the parties? Explain who the plaintiff and defendant are. Explain why the plaintiff is upset.
Law: What law is involved in this case? Explain the First Amendment, the right to publicity.
Issue: It’s given to you in the assignment.
Summary of the Court’s decision: Explain why the district court ruled for the defendant. Explain what the transformative use test is. Why was the use of the Cole character transformative? Explain the outcome of the district court’s decision.
The Third Circuit Court of Appeals upheld the district court’s decision. Just state that and any other information you want to highlight from the Third Circuit’s decision.
Conclusion. State what you think the Supreme Court should hold? Should it agree with the lower court’s decision? Or do you think Hamilton has a good claim that his right of publicity has been infringed?
Works Cited: Cite the two cases – I provided the citations for you in the assignment. Cite any other sources that you read (if you read any others).