Filmed Conversation with Celebrity

Ann Bogie attended a stand-up comedy performance by Rivers at the Lake of the Torches Casino in Lac du Flambeau, WI. During the performance, Rivers told a joke about Helen Keller that offended an audience member whose son was deaf. The performance was filmed for inclusion in a documentary about Rivers. When the audience member heckled Rivers, their exchange was filmed for the documentary. Right after the show, Rivers left the stage for a backstage area closed to the general public. Bogie also went backstage to have Rivers autograph a copy of Rivers' book. Bogie and Rivers had a short conversation in which Bogie spoke harshly about the heckler, and Rivers expressed sympathy for him. Several other people were present within a few feet of Bogie and Rivers during the exchange, including the film crew.

The documentary, sold nationwide, included footage of that interaction. Significant press coverage of the film praised it for illuminating Rivers' long career and the public's obsession with show business. Bogie, however, claimed that the film invaded her privacy and misappropriated her image for commercial purposes without her consent in violation of Wisconsin law. She argued that the film portrayed her as approving of condescending and disparaging remarks by Rivers about Wisconsin, its citizens, and the heckler, causing her embarrassment. The U.S. District Court for the Western District of Wisconsin dismissed the case for failing to state a claim.