Total Ban on Tattoo Parlors Unconstitutional

The 9th Circuit recently held that a total ban on Tattoo Parlors by the city of Hermosa Beach is a violation of the 1st Amendment.  "We hold that tattooing is purely expressive activity fully protected by the First Amendment," wrote Ninth Circuit Judge Jay Bybee.  "And that a total ban on such activity is not a reasonable `time, place, or manner' restriction." 

Hmmmmm, I wonder if Judge Bybee is sporting a tattoo or two himself?

Does the First Amendment trump the Right of Publicity in Advertising? - Part 2 and 3

Last year, American Apparel used the First Amendment as a defense in Woody Allen's suit against the company for the unauthorized use of his image in an ad campaign. The case settled on the eve of the trial with Woody Allen receiving $5 million.

Now, PETA has publicly stated that the First Amendment protects its right to use Michelle Obama's image without the First Lady's permission in a recent ad advocating a "Fur Free" livestyle.

Finally, Weatherproof agreed to remove its ads containing a picture of President Obama from its billboards after speaking to White House representatives who voiced displeasure at the use of his image in an ad. WSJ's Law Blog comments that it would have made an interesting case if Weatherproof didn't relent and the Obama White House had decided to file a law suit.

I wonder what the FTC position on the ads given its new guidelines regarding endorsements and testimonials? Are the advertisers misleading consumers when they use celebrities images without permission? Are the ads deceptive?