Should Blogging be a "free-for-all" or should there be any limitations/censorship with the celebrities.

Question

Should celebs be fair game???

Associated Press
Blogger Sued Over Topless Aniston Photo
Associated Press 02.21.07, 8:13 PM ET
A Hollywood movie studio filed a lawsuit claiming gossip blogger Perez Hilton posted a stolen topless photograph of Jennifer Aniston on the Web. Universal City Studios Productions LLLP filed the suit Tuesday claiming the stolen image was posted on the perezhilton Internet site by Mario Lavandeira, aka Hilton.

The picture was allegedly "misappropriated and illegally copied" during production or post-production of the 2006 romantic comedy hit "The Break-Up," starring the actress and Vince Vaughn, the suit said.

The shot of Aniston, 38, was not included in the final version of the movie, which earned more than $118 million at the box office.

The lawsuit, claiming copyright infringement and filed in U.S. District Court, said Lavandeira "posted all or parts of the stolen footage from the motion picture on his Web site."

The suit seeks an injunction barring further distribution of the picture and requests a court order "directing the U.S. Marshal to seize" the copyrighted material from the 28-year-old blogger.

There was no response to an e-mail message to Lavandeira seeking comment on the suit.

The complaint demanded a jury trial and monetary damages to be determined by the court.

Last September, Aniston and celebrity photographer Peter Brandt settled a lawsuit regarding topless photos Brandt shot of the actress in late 2005.

"It's a confidential settlement," Aniston attorney Jay Lavely said. "The matter was amicably resolved."

Aniston had sued Brandt in December 2005, claiming he invaded her privacy by using a telephoto lens to photograph her inside her home when she was topless or partly dressed.

She alleged in the lawsuit that Brandt used "invasive, intrusive and unlawful measures" to capture the images. Brandt said he took the photos while standing on a public street about 300 yards away from Aniston's home.

Answer 1

The case you cite doesn't really address free speech as your question implies, it's about ownership of image. Without knowing the case facts in depth ( which will only come out when both sides make their case ) I'd say if the blogger in question can show the purchase of rights was made in good faith Aniston doesn't have a case against them ( though they can stop it from being shown ) the case is or should be against the person who provided the photo to the blog