The maker of the popular Madden NFL video games is asking the U.S. Supreme Court to decide whether the First Amendment protects it from lawsuits by athletes who want to be paid for the use of their likenesses.
If the court punts on the cert petition, a circuit split could deter many types of artists from depicting celebrities out of fear of civil law suits, counsel of record Paul Smith of Jenner & Block warns in his petition in Electronic Arts v. Davis.
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