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Thursday, August 21, 2003



Let's try this again So I haven't really posted much over the summer. I intend to change that. And where better to start than with a post about Taco Bell. As Eugene Volokh reports, Taco Bell has a new Recall Election Taco Poll. Professor Volokh discusses the possibility of Arnold suing for a violation of his right to publicity.

However, he neglects to point out the possibility that the designers of the "Poll" engaged in a little political speech in their selection of the items that customers have to buy to vote in the "poll."

You vote for Arnold by buying a Beef Crunchy Taco, while you must buy a Chicken Soft Taco to vote for Gov. "Vast Right-Wing Power Grab" Davis. Not only is the Beef Crunchy Taco cheaper (unless they are changing the prices for this "poll") but it is considerably better politically to be associated with crunchy (as in "I will fight for the environment. No worries there.") and beef than with soft and chicken.

So it is unlikely that Arnold would sue over this promotion, as Prof. Volokh suggests. He should be all in favor of this promotion. However, Gray has proven that he is not above something like that, and he might well decide that he should sue over this too. After all, does he have any direction to go but up?


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