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NCAA seeks U.S. Supreme Court review in Keller-EA Sports decision

The NCAA this evening filed a petition asking the U.S. Supreme Court to review the decision of the U.S. Ninth Circuit Court of Appeals in Keller v. Electronic Arts Inc

Donald Remy, the NCAA’s chief legal officer, said the Association is asking the court to let it intervene in the case. Remy emphasized that the decision to seek the Supreme Court’s involvement in the case was significant for a number of reasons.

“The NCAA has taken this step in light of the important First Amendment issues raised in the case and to ensure that its membership is properly protected given the purported settlement between the plaintiffs and Electronic Arts,” Remy said. 

Former US Solicitor General Seth P. Waxman, the NCAA’s outside legal counsel in this case, stressed that the First Amendment issues at stake are enormous.

“There is tremendous confusion about whether someone can sue simply because a movie, song, painting, biography, documentary, or videogame includes his or her name or likeness,” Waxman said. “That confusion chills speech and has resulted in a flood of needless litigation.”