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Copyright's Paradox

Neil Weinstock Netanel

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195137620
eISBN:
9780199871629
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195137620.001.0001
Subject:
Political Science, American Politics

Copyright is at once an engine of free expression and impediment to free expression. Copyright law underwrites much literature, journalism, music, art, and film. Yet copyright often stands in the way ... More


 Copyright and the First Amendment

Neil Weinstock Netanel

in Copyright's Paradox

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195137620
eISBN:
9780199871629
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195137620.003.0008
Subject:
Political Science, American Politics

Copyright law's potential for abridging speech has long been recognized in United States case law, legislation, and commentary. Because of copyright, speakers are often unable effectively to convey ... More


Farewell to Christendom: The Future of Church and State in America

Thomas J. Curry

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195145694
eISBN:
9780199834129
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/0195145690.001.0001
Subject:
Religion, History of Christianity

Protestantism abandoned Christendom by way of the First Amendment of the Bill of Rights, and Catholicism did the same in the Declaration of Religious Liberty of the Second Vatican Council. Because ... More


 What Is Freedom of Speech?: (And How Does It Bear on Copyright)?

Neil Weinstock Netanel

in Copyright's Paradox

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195137620
eISBN:
9780199871629
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195137620.003.0003
Subject:
Political Science, American Politics

When does someone's inability to copy, distribute, or build upon a copyrighted work rise to the level of a burden on free speech? When, in contrast, should we readily countenance the restraints that ... More


Free Speech and Self-governance

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.005
Subject:
Law, Constitutional and Administrative Law

This chapter examines the role of the Free Speech Clause in the constitutional structure. The Free Speech Clause of the First Amendment states that “Congress shall make no law...abridging the freedom ... More


 Remaking Copyright in the First Amendment's Image

Neil Weinstock Netanel

in Copyright's Paradox

Published in print:
2008
Published Online:
May 2008
ISBN:
9780195137620
eISBN:
9780199871629
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195137620.003.0009
Subject:
Political Science, American Politics

Courts are not the only realm in which First Amendment values should come into play in defining and delimiting copyright. Concern over copyright's speech‐burdening potential should also animate ... More


Setting the Context

Thomas J. Curry

in Farewell to Christendom: The Future of Church and State in America

Published in print:
2001
Published Online:
November 2003
ISBN:
9780195145694
eISBN:
9780199834129
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195145690.003.0002
Subject:
Religion, History of Christianity

Outlines the extent to which modern scholars have strayed from an understanding of the history surrounding the First Amendment, and elevated logic over history. Instead of recognizing religious ... More


Theological and Philosophical Origins of Religious Liberty in the U.S. Constitution

Kristine Kalanges

in Religious Liberty in Western and Islamic Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199859467
eISBN:
9780199933518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199859467.003.0002
Subject:
Law, Public International Law, Comparative Law

This chapter discusses the early modern origins of freedom of religion in the Protestant Reformation (including the contributions of Martin Luther and John Calvin), the genesis of the “American ... More


Showing Necessity: Judicial Doctrines and Application to Cases

Randy E. Barnett

in Restoring the Lost Constitution: The Presumption of Liberty

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159737
eISBN:
9781400848133
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159737.003.0014
Subject:
Law, Constitutional and Administrative Law

This chapter examines judicial doctrines to assess necessity. The Presumption of Liberty places the burden of establishing the propriety of laws on the government. Taking the First Amendment as a ... More


Displaying Race for Dollars: Racial Realism in Media and Entertainment

John D. Skrentny

in After Civil Rights: Racial Realism in the New American Workplace

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691159966
eISBN:
9781400848492
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691159966.003.0004
Subject:
Sociology, Race and Ethnicity

This chapter explores racial realism in the advertising and entertainment industries (movies, TV, and professional sports). These cases are distinctive because they are almost totally focused on ... More


Meaning in Law: A Theory of Speech

Charles W. Collier

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195388978
eISBN:
9780199855421
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388978.001.0001
Subject:
Law, Constitutional and Administrative Law

Despite widespread admiration for the First Amendment's protection of speech, this iconic feature of American legal thought has never been adequately theorized. Existing theories of speech proceed on ... More


Legal Tools for Privacy Protection

Jon L. Mills

in Privacy: The Lost Right

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195367355
eISBN:
9780199867400
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195367355.003.0004
Subject:
Law, Human Rights and Immigration

Protections for intrusions into the four spheres of privacy have different legal foundations. The traditional protections take the form of constitutional and tort law. But limitations to protections ... More


Hate Speech, Public Discourse, and the First Amendment

Steven J. Heyman

in Extreme Speech and Democracy

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199548781
eISBN:
9780191720673
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199548781.003.0010
Subject:
Law, Human Rights and Immigration

This chapter contends that public hate speech, such as the Nazi march in Skokie, should not be protected under the First Amendment to the U.S. Constitution. Part I of the chapter outlines a general ... More


Freedom of Speech

EYAL ZAMIR and BARAK MEDINA

in Law, Economics, and Morality

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195372168
eISBN:
9780199776078
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195372168.003.07
Subject:
Law, Philosophy of Law

This chapter discusses freedom of speech. It briefly describes current constitutional protection of this freedom and surveys its standard economic analysis. It then introduces the deontological ... More


Epilogue

John A. Ragosta

in Wellspring of Liberty: How Virginia's Religious Dissenters Helped Win the American Revolution and Secured Religious Liberty

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195388060
eISBN:
9780199866779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388060.003.0008
Subject:
History, American History: early to 18th Century

Virginia's history of religious persecution and religious freedom played a central role in adoption of the First Amendment to the Constitution and the subsequent evolution of American religious ... More


The Religion Clauses: Reconciling Accommodation and Separation

ASHUTOSH BHAGWAT

in The Myth of Rights: The Purposes and Limits of Constitutional Rights

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195377781
eISBN:
9780199775842
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377781.003.006
Subject:
Law, Constitutional and Administrative Law

In addition to the speech, press, assembly, and petition clauses, the First Amendment to the U.S. Constitution contains two provisions dealing with the subject of religion: the Establishment Clause ... More


‘Speaking Back’: The Likely Fate of Hate Speech Policy in the United States and Australia 1

Katharine Gelber

in Speech and Harm: Controversies Over Free Speech

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199236282
eISBN:
9780191741357
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199236282.003.0003
Subject:
Philosophy, Feminist Philosophy, Philosophy of Language

A central idea within free speech arguments is that the most appropriate response to speech with which one disagrees, or which one finds intolerable, is to speak back. Some scholars have argued there ... More


Canon Law and the Secular State

John J. Coughlin

in Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199756773
eISBN:
9780199932177
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756773.003.0008
Subject:
Law, Philosophy of Law

This chapter first describes two contrasting sets of assumptions about the role of the state vis-à-vis religion. The traditional set of assumptions that has formed part of public ecclesiastical law ... More


Wellspring of Liberty: How Virginia's Religious Dissenters Helped Win the American Revolution and Secured Religious Liberty

John A. Ragosta

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195388060
eISBN:
9780199866779
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388060.001.0001
Subject:
History, American History: early to 18th Century

Before the American Revolution, no state more seriously discriminated against and persecuted religious dissenters than Virginia. Over 50 dissenting ministers, primarily Baptists, were jailed, and ... More


What Did They Fight, and Bargain, For?

John A. Ragosta

in Wellspring of Liberty: How Virginia's Religious Dissenters Helped Win the American Revolution and Secured Religious Liberty

Published in print:
2010
Published Online:
September 2010
ISBN:
9780195388060
eISBN:
9780199866779
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388060.003.0007
Subject:
History, American History: early to 18th Century

Given dissenters' central role in Virginia's adoption of religious liberty, their understanding of the meaning of religious freedom takes on particular importance. Virginia's evangelical dissenters, ... More


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