This section contains the nature of the case and procedural background.

This is an action for defamation and misappropriation of image. P is pro se. P is a bodybuilder who resides in Texas. An October 2005 broadcast of The Daily Show aired a satiric segment involving a 'fake endorsement' of a dietary shake promoted by television evangelist Pat Robertson. At the end of the segment, the Show featured a brief replay of an episode of The 700 Club, a talk show hosted by Robertson, which included P's image. On or about July 13, 2005, P had appeared as a guest on The 700 Club, filmed in Virginia Beach, Virginia, to discuss his weight loss and Robertson's diet shake following his more than 200-pound weight loss over a 15-month period where he had used elements of Robertson's weight-loss program featured on The 700 Club, as well as 'Pat's Great Tasting Diet Shake,' a diet shake based on a recipe developed by Robertson. The segment was just a few seconds, and P was never mentioned by name. P’s appearance in the segment from the 700 Club was never identified. P sued D and Stewart for compensatory and punitive damages. Ds filed a motion to dismiss on grounds that the complaint failed to state a claim.

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