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In October 2007 the Eighth Circuit ruled that a fantasy baseball company has the First Amendment right to use baseball players’ names and statistics. This decision allowed the fantasy baseball company to use the players’ information without a license and without compensating the players. The court determined that although the fantasy baseball company was violating the players’ right of publicity by using their information without a license, the right of publicity is preempted by the First Amendment. The Supreme Court denied cert.

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