
Analysis and Opinion:
Below is the front and back of a political flyer we received in later March 2026. It pertains to a special redistricting election that is to take place in Virignia on April 21, 2026. See if you believe it accurately reflects former President Obama’s position.

Obama Virginia Special Election Flyer Back

Here is President Obama’s true position: (copy and paste)
https://www.wric.com/news/politics/local-election-hq/obama-supports-redistricting-proposal-new-ad/
Important Note: Readers are encouraged to determine for themselves if the Republican Party (the GOP) authorized, endorses or supports the issuance and/or distribution of the flyer that is the subject of this blog post. We simply don’t know. It would appear however, that the flyer in question is issued and distributed by the PAC in question with the intention of supporting a “No” vote in the April 21 special redistricting of Congressional boundaries. A “No” vote is the vote supported by the Republican Party of Virginia.
Maybe we’re confused, who knows, but we find it highly doubtful that former President Barack Obama authorized the use of his name and likeness on a political flyer that we found in our mailbox this morning (3/27/26). Without getting into specifics, the redistricting plan that is being put to a vote in Virginia was proposed by Democrats and thus, contrary what the flyer in question states, President Obama very probably would want any and all voters, particularly minorities, to vote “yes”. We are double checking.
The flyer says it was:
“Paid for by
Justice for Democracy PAC
800 East Rochambeau Rd., Suite F #135,
Williamsburg, VA 23188
According to ChatGPT 5.2 Justice for Democracy PAC is: “Republican-aligned, based on leadership and funding”
The flyer in question contains large dominating pictures of former President Obama on both the front and on the back. The flyer is predominantly red in color. All statements are attributed to President Obama except those noted below which are noted as not attributed. In other words, no one else is quoted except President Obama.
Along the top of one said it says:
“Let the Voters Decide, Not Politicians”. (This quote is attributed to Barack Obama 3/5/26)
Then it continues…
“Protect Minority Representation. Vote NO on Gerrymandering!” (statement not attributed to Obama)
“Vote No Today ! Now! (statement not attributed to Obama)
“Return Your Mail Ballot or Vote Early in Person” (statement not attributed to Obama)
On the OTHER SIDE of the flyer (which again has a large picture of President Obama it says:
“Vote NO on gerrmymandering” (statement not attributed to Obama)
“protect Minority Representation.” (statement not attributed to Obama)
“For too long, gerrymandering has contributed to stalled progress and warped our representative government”
(this statement is attributed to Barrack Obama @BarackObama, X, 7/8/20)
“Vote NO today, -Now!” (statement not attributed to Obama)
“Mail Back Your Ballot or Vote Early in Person Today” (statement not attributed to Obama)
In other words our opinion is that unless one reads the flyer very carefully one would probably assume that President Obama said everything contained in the flyer
BIG QUESION: Why is it that Republicans are the ones always so worried about alleged voting irregularities when it’s the Republicans,and/or their supporters, who constantly get caught trying to subvert the system?
Please note that President Obama has spoken out in favor of a “yes” vote with respect to the election in question.
Below is our Chat with ChatGPT 5.2 on this subject. “Rx” is our name for ChatGPT:
Rx. Is there a Virginia Code Section that makes it unlawful for someone to use someone’s name image and/or likeness without their permission in an advertisement
Yes, David — Virginia does have a specific statute directly on point.
📘 Virginia Civil Statute (Primary Cause of Action)
The governing provision is:
Virginia Code § 8.01-40
Key language (paraphrased from statute):
It is unlawful to use a person’s “name, portrait, or picture”
without written consent
for advertising purposes or for the purposes of trade
Remedies:
Injunction (to stop the use)
Compensatory damages
Punitive damages if the use is knowing/willful
Nature of the right:
This is Virginia’s statutory “right of publicity” / misappropriation claim
Virginia does NOT recognize a broad common-law right of publicity—this statute is the remedy
⚖️ Criminal Counterpart
There is also a criminal statute:
Virginia Code § 18.2-216.1
Key points:
Same basic conduct (unauthorized use for advertising/trade)
Classified as a misdemeanor
Punishable by a fine ($50–$1,000)
⚖️ Important Case Law Interpretation
A leading Virginia case:
Town & Country Properties v. Riggins
Holding (in substance):
Use of a person’s identity in promotional materials to attract business can violate § 8.01-40
“Advertising purposes” is construed to include materials used to solicit customers
⚠️ Key Limitations (Critical in Practice)
Virginia courts construe the statute narrowly:
Applies only to:
Name
Portrait
Picture
(Not voice, style, or general likeness in the broader sense)
Requires commercial use:
Advertising
Trade (i.e., drawing business advantage)
First Amendment carve-outs:
News reporting
Matters of public interest
Legitimate editorial use
🧾 Bottom Line (Lawyer-to-lawyer)
Yes — Virginia squarely prohibits the unauthorized commercial use of a person’s name or image in advertising.
Civil liability: § 8.01-40
Criminal liability: § 18.2-216.1
Scope: Narrow, strictly limited to commercial/advertising use
Remedy: Injunction + damages (including punitive)
If you want, I can walk through how this plays out in a litigation setting (elements, proof issues, defenses, and typical fact patterns where claims succeed vs. fail).