"This is a great win for the First Amendment," Moore's lawyer Stephen Heninger said. "His art is expressive and is protected by the First Amendment. It does not infringe on any trademark."
Is the Daniel Moore case over? Not by a long shot. A final order from Propst is expected in the next couple of weeks. And both sides agree that the case ultimately will be decided by the U.S. 11th Circuit Court of Appeals in Atlanta.
Moore's countersuit against the university and several officials has largely been gutted by the trial court on immunity grounds. But Moore's lawyers could argue that UA intentionally tried to deprive him of his Constitutional right to free expression, overcoming immunity claims and reviving the countersuit at the appellate level. Either way, UA is likely to wind up on the hook for Moore's legal expenses, which probably are substantial.
The lawsuit has not kept Moore from capturing the latest big moments in Crimson Tide football. And he also captured the issues raised in his case:
"What I thought about the ruling was "Thank God,' because it's been a long ordeal" said Moore, who was sketching his next painting of last month's UA victory over the University of Tennessee when he was told an opinion was issued.
"It's a victory for artists, journalists and every citizen who values the Constitution and the right of freedom of speech and artistic expression."
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