SexBrat.com can Webcast video and post photographs of former Ohio television news anchor Catherine Bosley's impromptu wet T-shirt contest, now that a federal appeals court panel has lifted a restraining order against displaying the materials.
A three-judge panel of the 6th U.S. Circuit Court of Appeals held that free speech issues in the case must be resolved before the Bosley videos and images can be barred from Internet broadcast and publication.
Bosley was forced to resign in January as a morning anchor on WKBN-TV in Youngstown, Ohio, after photographs of her in the nude wet T-shirt contest in Key West a year earlier turned up on the Internet. She did it while vacationing with her husband and has said that she did it as a lark, but WKBN news director Gary Coursen said in January that Bosley had acted contrary to "the responsibilities of her chosen profession."
The photos and video have been the subject of a few legal skirmishes since Bosley resigned from WKBN. Bosley had settled with two other Internet companies that posted stills of her in the wet T-shirt contest, but she had continued legal wrestling with SexBrat.com parent Marvad and with DreamGirls over the video and photo publications.
Bosley sued claiming SexBrat.com used her public persona without permission, and a federal judge sided with her at first.
"This lawsuit was filed because Ms. Bosley was embarrassed by her own conduct," said SexBrat.com president Brian Marchlewicz after the appellate court panel move, "but her fan base and those who trust local news reporters have a right to know about her irresponsible cavorting in a Key West bar."
Lead SexBrat.com attorney Derek Newman said the company expected the appellate panel to rule as it did on the temporary restraining order. "The First Amendment clearly protects SexBrat.com and its audience from celebrities who try to prevent free expression of newsworthy material and information of public concern over the Internet," he said.
Bosley's litigation involving DreamGirls continues, with DreamGirls unable to sell WildWetT.com Featuring The Naked News Anchor until that litigation is resolved.
