ABSTRACT

This chapter explores that certain uses of the celebrity sign may be political speech' protected by the First Amendment, depending on content, form and context. It concurs with the observation that where the doctrinal implications of different prominent theories collide, courts will tend to give priority to the participatory theory of democracy'. The chapter demonstrates that cultural writings on the political value of the celebrity sign, it's meaning and potential uses by counter publics or subaltern groups can add to the richness of First Amendment jurisprudence. The relevance of cultural studies here to right of publicity doctrine is the observation that different groups in society can use particular celebrity images in a variety of ways to represent their cultural identities and convey their political ideologies. Generally, political speech covers all discussion on public issues, especially if intended by the speaker to influence governmental action.