Sarver v. Chartier
United States Court of Appeals For the Ninth Circuit
813 F.3d 891 (2016)
- Written by Jack Newell, JD
Facts
Sergeant Jeffrey Sarver (plaintiff) was an explosive-ordnance disposal technician in the Iraq war. Mark Boal (defendant), a journalist, followed Sarver’s battalion for a long period of time. Boal also interviewed Sarver. Boal would later write an article about Sarver. Eventually, Boal also wrote a screenplay. Boal’s screenplay resulted in the production of a movie, The Hurt Locker. Sarver sued in federal district court, claiming that the movie portrayed him in a negative light and that because he did not consent to the production of the movie, his right of publicity had been violated. Boal argued that he had a First Amendment right to use the events of Sarver’s life to make a movie. The district court ruled for Boal, finding that his writing was protected by the First Amendment. Sarver appealed to the Ninth Circuit.
Rule of Law
Issue
Holding and Reasoning (O’Scannlain, J.)
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