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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


 Is Copyright “the Engine of Free Expression”?

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/9780195137620.003.0005
Subject:
Political Science, American Politics

The Supreme Court has labeled copyright “the engine of free expression.” Copyright serves in that role in three fundamental ways. First, copyright serves a “production function.” It provides an ... More


 Introduction: A “Largely Ignored Paradox”

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/9780195137620.003.0001
Subject:
Political Science, American Politics

The United States Supreme Court has famously labeled copyright “the engine of free expression.” Copyright, indeed, both spurs creative production and underwrites a community of authors and publishers ... More


Democratic Persuasion and State Subsidy

Corey Brettschneider

in When the State Speaks, What Should It Say?: How Democracies Can Protect Expression and Promote Equality

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691147628
eISBN:
9781400842377
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691147628.003.0005
Subject:
Philosophy, Political Philosophy

This chapter examines the notion that, while persuasion should not be backed by coercive force, it should be backed by the state's subsidy power. It defines subsidy power as the ability of the state ... More


What Rights (If Any) Do Children Have?

Harry Brighouse

in The Moral and Political Status of Children

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199242689
eISBN:
9780191598715
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199242682.003.0003
Subject:
Political Science, Political Theory

According to the interest theory of rights, the primary function of rights is the protection of fundamental interests. Since children undeniably have fundamental interests that merit protection, it ... More


Freedom of Expression and Human Rights Law: The Case of Holocaust Denial

Andrew Altman

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/9780199236282.003.0002
Subject:
Philosophy, Feminist Philosophy, Philosophy of Language

This chapter critically examines the jurisprudence of free expression under human rights law and American constitutional doctrine, focusing on the issue of Holocaust denial. It is argued that legal ... More


On the Seemingly Relentless Progress in Americans’: Support for Free Expression, 1972–2006

James A. Davis

in Social Trends in American Life: Findings from the General Social Survey since 1972

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691133317
eISBN:
9781400845569
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691133317.003.0002
Subject:
Sociology, Social Research and Statistics

This chapter extends existing research on tolerance for nonconformity into the 2000s, following up on one of the very first articles based on the General Social Survey. Drawing on Stouffer's (1955) ... More


Social Trends in American Life: Findings from the General Social Survey since 1972

Peter V. Marsden (ed.)

Published in print:
2012
Published Online:
October 2017
ISBN:
9780691133317
eISBN:
9781400845569
Item type:
book
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691133317.001.0001
Subject:
Sociology, Social Research and Statistics

This book assembles a team of leading researchers to provide unparalleled insight into how American social attitudes and behaviors have changed since the 1970s. Drawing on the General Social Survey—a ... More


Freedom to Offend: How New York Remade Movie Culture

Raymond J. Haberski

Published in print:
2007
Published Online:
September 2011
ISBN:
9780813124292
eISBN:
9780813134918
Item type:
book
Publisher:
University Press of Kentucky
DOI:
10.5810/kentucky/9780813124292.001.0001
Subject:
Film, Television and Radio, Film

In the postwar era, the lure of controversy sold movie tickets as much as the promise of entertainment did. This book investigates the movie culture that emerged as official censorship declined and ... More


Free Expression, Pluralist Democracy, and the Supreme Court

in Free Expression and Democracy in America: A History

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226240664
eISBN:
9780226240749
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226240749.003.0011
Subject:
Law, Constitutional and Administrative Law

In the late 1920s and early to mid-1930s, republican democracy was crumbling and the practices of pluralist democracy were developing. While many of these changes in democratic government would not ... More


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