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Trial courts have had a tough time lately figuring out the difference between editorial speech and advertisements. Judges once knew the difference. If an editor wanted to feature a celebrity in a story, no approval was needed. If an advertiser wanted to put a star in an ad, permission was required.
But that was before digital technology. What happens when a clever editor uses a computer to wrap unsuspecting Hollywood celebrities in the latest fashions?
That’s what Los Angeles magazine did in 1997, illustrating a style story with celebrities—Cary Grant, Marilyn Monroe, Dustin Hoffman, even the Creature from the Black Lagoon—decked out in creations from prominent designers.
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