Lewis F. Powell Jr. was an associate justice of the U.S. Supreme Court from 1972 until his retirement from active service in 1987. President Richard Nixon appointed him to the Court.
We have documented 1 statement by Lewis F. Powell Jr., in 1 case. Each statement below gives the quotation, its original source and a link to the full case.
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Role at the time: U.S. Supreme Court justice, dissenting with Justices Brennan and Marshall
Defended or excused
Statement summary
Powell argues that routine news use should be protected unless it is a cover for exploitation.
“When a film is used, as here, for a routine portion of a
regular news program, I would hold that the First Amendment protects the station from a "right of publicity" or
"appropriation" suit, absent a strong showing by the plaintiff
that the news broadcast was a subterfuge or cover for private
or commercial exploitation.”
The Supreme Court split over broadcasting an entire performance without consent. White's majority rejected constitutional immunity but left state-law protection open. Powell's dissent argued that routine news use deserved First Amendment protection.
