State Right-of-Publicity Laws Restricted by Dormant Commerce Clause?

POSTED | Posted: 2018-07-09 14:36:59 | Updated : 2018-07-09 14:36:59

Christian Ronald writes that the desire to protect individuals from commercial exploitation after death has led many states to pass postmortem right-of-publicity laws. Ronald argues that most such laws are unconstitutional under the dormant Commerce Clause either because they can be used to stifle interstate commerce if they have "all comers" provisions, or because their reach is too broad when applied to certain forms of businesses such as websites. Read more here.

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