The White House says that selfies involving President Obama may be banned after Samsung retweeted Red Sox slugger David Ortiz's Obama selfie, writing, "Thrilled to see the special, historic moment David Ortiz captured with his Galaxy Note 3 during his White House visit.” Ortiz recently signed a deal with Samsung to be a “MLB social media insider.”

Judge Andrew Napolitano went on Fox and Friends and told Brian Kilmeade, "He has the right to ban selfies at the White House to prevent commercialization of the White House." Napolitano explained that if, hypothetically, the White House were to sue over the photo, they would not win.

He said if a similar situation happened on the streets involving Kilmeade - where someone used a spontaneous photo with him to profit - then a lawsuit probably would be successful.

Napolitano said the difference is that the U.S. president is such an "iconic" figure, he should expect any picture like that would show up in the public sphere.


WH: 'Big Papi' Selfie Could Be the Last With President Obama


Both Ortiz and Samsung insist that the photo was spontaneous, not part of a marketing campaign.

White House senior adviser Dan Pfeiffer said on CBS' "Face the Nation" Sunday that White House lawyers are communicating with Samsung over concerns that the president's likeness was used for profit. He said "perhaps this will be the end of all selfies" with the president, strongly denying any knowledge by the White House of the Samsung-Ortiz connection.

Watch the segment above, and check back each day on Fox News Insider for all of Judge Nap's analysis.


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