Now this is interesting. If I’m not mistaken, Britney posed for photographers a while ago and was very open about her sexuality.
Or was it all for magazine sales? If someone discovered that Britney really is a lesbian, would this disrupt her comeback? This tabloid could interfere with the marketplace filled with Britney Spears fans who believe she lives a particular type of lifestyle. Does Britney have a claim against “In Touch” magazine? Even though Britney isn’t a perfect role model, she’s a public figure that many people identify with. Many people buy her albums because she’s someone who represents their beliefs. I see this as a potential problem for “In Touch”.
Although we haven’t discussed Defamation in Entertainment Law, it’s a huge problem in the entertainment industry. According to New York Times v. Sullivan, Britney is considered a Public Figure. Therefore, Britney’s legal team must prove that “In Touch” published the statements with knowledge of their falsity or with reckless disregard for the truth. The burden is by clear and convincing evidence. Britney’s legal team must show that “In Touch” wanted to sell magazines and nothing in their story is truthful.
On top of proving how false their story is, lets exhaust Britney’s market potential to “In Touch”, shall we? Britney is working on an album with a large amount of anticipated album sales…somewhere over 3 million. She’s gone on tour after each album release, therefore a tour will most likely be in the works once her album hits stores. With each album there are T-shirts, videos, posters, commercials, interviews, and other huge press related activities. All of this could be seriously reduced because of the claims made by “In Touch”. Why would “In Touch” believe this was true? “In Touch” better stay in touch with their legal team!





3 comments
Comments feed for this article
February 28, 2007 at 12:13 am
marcorandazza
Wow, already making New York Times v. Sullivan references! Excellent!
March 5, 2007 at 5:51 pm
Professor Randazza
Could the Antichrist be a lesbian?.
March 5, 2007 at 5:51 pm
Professor Randazza
Link here Could the Antichrist be a Lesbian?.