The Sixth Circuit Court of Appeals held a state-level ban on certain professional speech unconstitutional under the First Amendment.
McBrayer Commentary: While this is a regulatory case, the Sixth Circuit’s current focus on professional speech and commercial expression is a bellwether for how they will handle "Right of Publicity" and "Fair Use" defenses in upcoming AI-generated content disputes.
Cath. Charities of Jackson, Lenawee, & Hillsdale Ctys. v. Whitmer, 162 F.4th 686 (6th Cir. 2025)