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V CONTRARY TO THE ELEVENTH CIRCUIT OPINION, THE FIRST AMENDMENT RIGHT OF FREEDOM OF THE PRESS PROSCRIBES RESPONDENT ESTATE ADMINISTRATOR’S CLAIM FOR VIOLATION OF THE GEORGIA RIGHT OF PUBLICITY AS TO NUDE PHOTOGRAPHS OF HER DECEDENT ........................................... 9 no The Benoit Nude Photographs are Protected by the First Amendment ............9 Bo The Georgia Right of Publicity has an Exemption for Newsworthy Matters ................ 11
vi II. THE ELEVENTH CIRCUIT’S OPINION IS CONTRARY TO THE PRECEDENTS OF THIS COURT AND OTHER CIRCUITS DECLARING THAT UNDER THE FIRST AMENDMENT RIGHT OF FREEDOM OF THE PRESS, THE "NEWSWORTHINESS" OF NUDE PHOTOGRAPHS OF A MURDERED PUBLIC FIGURE USED TO ILLUSTRATE A MAGAZINE ARTICLE OF PUBLIC INTEREST ON DECEDENT’S LIFE AND DEATH IS TO BE DETERMINED BY THE PUBLISHER, NOT THE COURTS ..............................................13 Under this Court’s Opinions "Newsworthiness" is Determined by Publishers ........ 13 The Eleventh Circuit Misinterpreted the Constitutional Standard for Newsworthiness .................. 17 Other Circuits Hold that "Newsworthiness" is to be Broadly Construed Under the First Amendment ............... 28
Page 1 and 2: No. LFP PUBLISHING GROUP, LLC, d/b/
Page 3 and 4: QUESTIONS PRESENTED 1. Whether the
Page 5 and 6: iii DISCLOSURE OF PARENT COMPANIES
Page 7: iv TABLE OF CONTENTS Page(s) QUESTI
Page 11 and 12: viii Verified Complaint, With Exhib
Page 13 and 14: ix TABLE OF AUTHORITIES Page(s) CAS
Page 15 and 16: xi Virginia v. Black, 538 U.S. 343
Page 17 and 18: OPINIONS AND ORDERS BELOW On Octobe
Page 19 and 20: STATEMENT OF THE CASE This case pre
Page 21 and 22: 5 of Civil Procedure. The lower cou
Page 23 and 24: (41a, 15; 2a). At the time of her m
Page 25 and 26: 9 asserts that as part of a news st
Page 27 and 28: 11 Accord, Pavesich v. New England
Page 29 and 30: 13 II. THE ELEVENTH CIRCUIT’S OPI
Page 31 and 32: 15 In this case, the Eleventh Circu
Page 33 and 34: 17 B. The Eleventh Circuit Misinter
Page 35 and 36: 19 Ga. at 167. Petitioner submits t
Page 37 and 38: 21 counterbalancing and outweighing
Page 39 and 40: 23 title in large capital letters o
Page 41 and 42: 25 publicity; if they were not, the
Page 43 and 44: 27 To conclude this aspect, the Ele
Page 45 and 46: 29 The test for determining newswor
Page 47 and 48: 31 (Citation omitted). (noting that
Page 49 and 50: 33 in the province of editors, and

LFP PUBLISHING GROUP, LLC, d/b/a Hustler ... - SCOTUSblog

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