AT&T 1st Amendment Claim Doesn't Fly In Yeager Case

By Ryan Davis

Law360, New York (December 09, 2009, 1:49 PM ET) -- A right of publicity lawsuit by U.S. Air Force Gen. Charles E. "Chuck" Yeager alleging that AT&T Mobility LLC used his name without permission in a news release will continue, now that a judge has rejected AT&T's First Amendment arguments.

Judge Frank Damrell of the U.S. District Court for the Eastern District of California on Monday denied AT&T's motion for summary judgment, concluding that contrary to AT&T's assertions, the news release constitutes commercial speech and is not protected by the First Amendment.

Yeager, who in 1947...
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