Tag Archives: Michael Jordan

The Most Important Question In The Michael Jordan First Amendment Case Was The One That Didn’t Get Asked

iStock_000015750550_Small By: Brian J. Meli

Last month, we looked at the Michael Jordan v. Jewel Food Stores Seventh Circuit appellate decision in some detail here. But there was more to this decision—a reversal of the district court’s finding that a tribute ad constituted fully protected First Amendment speech—than what was decided. The appeal had a favorable outcome for Jordan, who got the lower court’s decision tossed and his case remanded, and who will likely be compensated handsomely for his persistence. But did Jordan’s legal team miss an opportunity to double down on his chances for success and establish some important precedent in the process? Continue reading

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Michael Jordan Goes One-On-One Against The First Amendment

Jordan

By: Brian J. Meli

When Michael Jordan sued Jewel Food Stores, purveyors of the Jewel-Osco supermarkets, for running a full page ad in Sports Illustrated (see above) congratulating the retired basketball superstar on his induction into the Hall of Fame, reactions from Chicagoans ranged from bewilderment to outright resentment. What could arguably the greatest sports icon of the modern era possibly gain by trying to squeeze a few extra bucks (by MJ’s standards) from a local supermarket chain that just wanted to celebrate his achievement? The ad, after all, wasn’t really an ad, so much as a printed tribute to a basketball legend. It was a symbolic gesture of local pride and support; not a shallow attempt at promoting a half-off sale on paper towels, Jewel maintained. Well, Jordan and his lawyers disagreed. They argued that an ad is an ad. And whatever its purported intent, this ad misappropriated Michael’s valuable publicity rights, which Jewel used to its commercial advantage.

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