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Lynch vetoes bill regarding dead celebrity identities
CONCORD — Gov. John Lynch vetoed on Tuesday legislation that would have allowed heirs to control the commercial use of a celebrity’s identity, expressing concerns about a “chilling effect on legitimate journalistic and expressive works.”
In a veto message, the Democratic governor said free speech guarantees in the state and U.S. constitutions are central to a democracy.
“Legislation that could have the impact of restricting free speech must be carefully considered and narrowly tailored,” he said. Senate Bill 175, he said, was not.
Sought by the heirs of deceased Cornish author J.D. Salinger, the legislation would have allowed beneficiaries of a celebrity to control the commercial use of the person’s identity up to 70 years after the death.
But Lynch faulted the final legislation for including no exemption for journalistic and artistic works.
“I believe that the omission of legitimate, clear exceptions for news and expressive works will inhibit constitutionally protected speech and result in needless litigation to judicially establish what should have been made explicit in this bill,” he wrote.
The Senate version of the legislation contained that exemption, but it was removed as the bill went through the process.
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