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Plaintiff Bosley alleges that the dissemination of her likeness will significantly impair her ability to protect her commercial interest in the use of her persona. The Court will analyze if these defenses defeat Plaintiffs' substantial likelihood of success on the merits. Given the relatively large size of the camera, Dream Girls shows evidence that Bosley impliedly consented to being photographed. The war in Afghanistan, the Iraq disaster, Dick Cheney, our economic meltdown, health care, cap and trade, immigrant detention, torture, wild fires, not to mention the usual menu of car chases, murders, rapes, kidnappings, kittens up a tree - well, you get the picture. Within this realm of already limited protections, there are areas of commercial activity which the First Amendment does not protect at all. Along this same line, Defendants also assert that their use of images of Plaintiff Bosley is protected under the First Amendment of the United States Constitution. Similar to common law, both statutes contain a public interest exception.

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The Court reserves discussion of the matter for the dispositive motion stage. Thus, the Court narrowly examines whether a preliminary injunction is necessary to prevent irreparable future harm. The New York Times Co. A close analysis of this case reveals that it is not controlling in the present matter. Unfortunately, such reasoning doesn't always sit well in television news, where female anchors are required to play the really-good-looking-girl-next-door role. Namely, Zacchini establishes that one does not have absolute license to re-broadcast all images of public figures which occur in a public forum.

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