a professional basketball player); Grant v. Esquire, Inc., 367 F.Supp. 876 (S.D.N.Y.1973) (applying the right of publicity to an actor). 20 . While not relying on these reports, the court notes that expert reports in the matter under consideration suggest that, in fact, fantasy sports games increase the commercial value of players’ identities because the games encourage participants to attend live games, pay for television packages, or watch on television sporting events in which they otherwise would not- be interested. See e.g., Saunders Expert Report ¶ ¶ 11-20; Thomas Deck ¶¶ 10. 21 . In New York Times Co. v. Sullivan, 376 U.S. 254, 265, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964), the Supreme Court articulated the requirement that for the First Amendment to apply there must be state action, (<HOLDING>). See also Card-toons, 95 F.3d at 968 (holding
holding that while the fourteenth amendment is directed against state action and not private action the state action requirement is met in a civil action where state law is applied whether by statute or common law holding that the fourteenth amendment only applies to state action holding that if an individual is possessed of state authority and purports to act under that authority his action is state action holding that an action for consequential damages to property whether the action is brought in contract or in tort is an action for injury to property within the threeyear statute of limitations holding that fourteenth amendment only applies to state action