Free Speech - What's in a Name?

[the1jeffy]

http://www.foxnews.com/story/0,2933,353583,00.html

Here's a Free Speech debate for you.

On one side, you have the T-shirt vendor making a political point, argueably protected speech.

But, using a real person's proper name conferrs it's own 'rights,' and carries the idea that the person whose name is being used is party to the message in question.

Also, there's the whole, just using this to make money debate.

Discuss.

[KN]

I'm pretty sure you can use Bush's name for anything at this point. I don't think the same goes for the names of soldiers, commercially speaking.

[nightwng2000]

http://www.foxnews.com/story/0,2933,353583,00.html

Here's a Free Speech debate for you.

On one side, you have the T-shirt vendor making a political point, argueably protected speech.

But, using a real person's proper name conferrs it's own 'rights,' and carries the idea that the person whose name is being used is party to the message in question.

Also, there's the whole, just using this to make money debate.

Discuss.

I think the amount being sought implies that the familiers want to make money off the names as well.

But making money off those names without permission is iffy. If there is an actual profit, then I'd be against it. But if there is no profit, then it is strictly a political message, just like the person who went on America's Army and started reading people's names.

[the1jeffy]

nightwng,

The amount is the start of a class-action representing the families of the entire list of names. The amount isn't really that large for a class action with that many people.

Even if there is no profit, I would be pissed if someone used my name for an idea I didn't agree with. I believe there is legal precedent that says the us of a person's name without permission is wrong, because to a casual observer the name makes the average joe/jane think that person supports whatever use, or at least is connected in some way.

To counter that, I imagine the list of names is public record, though.

I am of two-minds of this. That's why I posted it here, to get some debate going.

[beemoh]

Even if there is no profit, I would be pissed if someone used my name for an idea I didn't agree with. I believe there is legal precedent that says the us of a person's name without permission is wrong, because to a casual observer the name makes the average joe/jane think that person supports whatever use, or at least is connected in some way.

The problem with that is that there are only so many names out there- if I was to take offence at someone using my name to endorse something I disagreed with, the easy defence is to say that they are referring to another person with my name- making selling something off the back of the name Dave Gorman quite easy.

However, the context is widely different- nobody's going to credit me with playing keyboards for Marillion- but it's very clear that in this case they're using the names of these *very specific* people.

[steelcobra]

nightwng,

The amount is the start of a class-action representing the families of the entire list of names. The amount isn't really that large for a class action with that many people.

Even if there is no profit, I would be pissed if someone used my name for an idea I didn't agree with. I believe there is legal precedent that says the us of a person's name without permission is wrong, because to a casual observer the name makes the average joe/jane think that person supports whatever use, or at least is connected in some way.

To counter that, I imagine the list of names is public record, though.

I am of two-minds of this. That's why I posted it here, to get some debate going.

The problem with that is that there are only so many names out there- if I was to take offence at someone using my name to endorse something I disagreed with, the easy defence is to say that they are referring to another person with my name- making selling something off the back of the name Dave Gorman quite easy.

However, the context is widely different- nobody's going to credit me with playing keyboards for Marillion- but it's very clear that in this case they're using the names of these *very specific* people.
In addition, most of those whose names are used would object to it if they could. I sure as hell don't want my name on something like that if I buy the farm.

[Pelor]

And in other news, Paris Hilton has just sued the Weekly World News for making fun of her without permission.

[BlackIce, British Commie]

And in other news, Paris Hilton has just sued the Weekly World News for making fun of her without permission.

But then she'd be stupid enough to give permission if they had asked her.

[Pelor]

But then she'd be stupid enough to give permission if they had asked her.

That's hot.

[ZippyDSMlee]

Key words here,profit and expression , no matter how poorly the names might be used if it is used for non profit to get the real cost of the war to the sheeple than I am ok with it.

However if there is a profit motive here then all he names need be approved through proper channels.

Also the names could be altered just a bit leaving out first or last names or initials or just do rank initals with the last name that would get the job done and be vuage enough to do no "harm".