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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


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


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


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


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