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Hutchinson Vetoes Publicity Rights Bill; Senate Override Fails

2 min read

LITTLE ROCK – Gov. Asa Hutchinson has vetoed a publicity rights bill backed by the family of Arkansas football legend Frank Broyles.

It is Hutchinson’s first veto of the session. In a statement, the governor said the bill “would extend protection beyond the stated intent of the bill, unnecessarily restrict free expression and may result in unnecessary litigation in Arkansas.” 

“In its current form, the bill unnecessarily restricts free expression and thus could have a chilling effect on freedom of speech and freedom of the press,” Hutchinson said. “In addition, SB79 exempts certain types of noncommercial speech while failing to exempt other forms of noncommercial speech. The absence of these exemptions could result in unnecessary litigation and suppress Arkansans who engage in artistic expression.”

More: Read Hutchinson’s veto letter here (PDF).

The bill sailed through both chambers earlier this month with only six representatives and three senators voting against it. Proponents, such as the National Football League Players Association, say it will prevent businesses from using a person’s name or likeness to sell goods.

The Motion Picture Association of America has opposed the bill. An association lobbyist said likenesses are already protected and that the bill is too broad and would stifle free speech.

The bill was drafted after the family of Broyles, the 90-year-old former University of Arkansas coach and athletic director, approached lawmakers last year with concerns that his likeness could be used in unapproved ways.

Broyles family attorney Meredith Lowry said the veto “is unfortunate,” but declined further comment.

The Senate voted 14-12 Tuesday against overriding the veto. The bill’s primary sponsor Sen. Jon Woods, R-Springdale, said he was insulted and disappointed in Hutchinson. He said Hutchinson wanted an unspecified amendment to which proponents wouldn’t agree.

A simple majority is needed to overturn the veto, but House sponsor Rep. Greg Leding, D-Fayetteville, said an override attempt by the House is unlikely.

“I can’t believe of all the legislation we passed, this would be the bill that would bring out the veto stamp,” Leding said. “It’s a bill to protect all Arkansans.”

(Copyright 2015 The Associated Press. All rights reserved. This material may not be published, rewritten, broadcast or distributed.)

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