Court of Appeals for the Second Circuit July 28, 1995, 1678, Docket 94-9100 (Robert J. Groden v. Random House, Inc., the New York Times Company, Inc., the New York Times Sales, Inc., and Gerald Posner)

JON O. NEWMAN, Chief Judge:

This appeal pits a book publisher’s right to advertise a book against Lanham Act and state-law privacy claims asserted by an author of another book whose name, picture, and quotation are displayed in the ad. The lawsuit arises in the emotionally charged context of the lingering controversy as to whether the assassination of President John F.