The Artful Jurist

A follow-up to yesterday's post...

Walking down Washington's Connecticut Avenue yesterday, I saw in the window of a shop yet another Obama T-shirt for sale. Nothing unusual about that these days. But this particular shirt contained a picture not only of Barack Obama but also of his wife and children.

Okay, there's no question that Mr. Obama is now about as public a public figure as there is in this country. And perhaps a similar argument can be made for Michelle Obama, a First Lady being a very public figure in her own right. And public figures tend to be somewhat exploitable commercially when there's a political message that's protected by the First Amendment....But the children? Can it really be argued that the T-shirts are making a political statement regarding the Obama children?