politics
Third Circuit Lets Huckabee Publicity Claim Against Meta Proceed After CBD Ad Misuse
The U.S. Court of Appeals for the Third Circuit ruled June 23 that Ambassador Mike Huckabee adequately alleged constructive knowledge by Meta of unauthorized CBD ads using his name and likeness. The decision permits the Arkansas right-of-publicity suit to move forward.
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The U.S. Court of Appeals for the Third Circuit ruled June 23 that Mike Huckabee can proceed with a right-of-publicity claim against Meta Platforms Inc. over three unauthorized advertisements that appeared on Facebook between April and June 2024.
Judge Peter Phipps, joined by Judges Arianna Freeman and Emil Bove, held that Huckabee sufficiently alleged constructive knowledge by Meta. The panel cited the unusual pairing of Huckabee with CBD products, Meta's prior hosting of similar fraudulent CBD ads featuring other media figures, and one ad's link to a fabricated Fox News webpage.
Ambassador to Israel, sued under the state's Frank Broyles Publicity Rights Protection Act of 2016. The law shields platforms that lack actual or constructive knowledge of unauthorized commercial use of a person's name, image, or likeness. " Meta removed the ads in June 2024 after Huckabee learned of them around May 2024.
Reason reported that numerous fans purchased the products after viewing the ads. The Third Circuit relied on its 2024 precedent in Anderson v. , which excludes right-of-publicity claims from Section 230 immunity under the intellectual-property exception.
The panel concluded the combination of facts crossed the plausibility threshold for alleging Meta was aware of circumstances making the misuse apparent.
