If a State's Common Law Did Not Recognize a Right

Multiple Choice

If a state's common law did not recognize a right of privacy against unauthorized publicity or the appropriation of someone's likeness for another's commercial advantage, what should the trial court do?

A) Encourage the plaintiff to appeal.
B) Transfer the case to the U.S.Supreme Court.
C) Enter an order for discovery.
D) Grant the defendant's motion to dismiss for failure to state a claim on which relief could be granted.