Ryan Hart is a former quarterback for Rutgers University’s football team. He sued Electronic Arts for violating his right to publicity by using his likeness and biographical information in its NCAA Football series of video games. Electronic Arts defended on the basis that, even if it had violated Hart’s right to publicity, its actions were encompassed within its free speech rights which were protected by the First Amendment. After comparing Electronic Arts speech rights to Hart’s rights to publicity, the court held that Hart’s likeness was not so substantially transformed by the videogame that it became Electronic Arts’s expression rather than Hart’s likeness. Thus, it ruled in favor of Hart. Explain what aspect of modern rights theory this case explores.