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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


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


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


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


Free Expression and Democracy in America: A History

Stephen M. Feldman

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226240664
eISBN:
9780226240749
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226240749.001.0001
Subject:
Law, Constitutional and Administrative Law

From the 1798 Sedition Act to the war on terror, numerous presidents, members of Congress, Supreme Court justices, and local officials have endorsed the silencing of free expression. If the ... More


Self-Authorship and Substantive Justice

ALAN BRUDNER

in Constitutional Goods

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199225798
eISBN:
9780191706516
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199225798.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter derives the constitutional doctrines flowing from the state's duty under the egalitarian paradigm to cultivate the conditions for everyone's living a self-authored life. In particular, ... More


Free Expression, American Society, 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/9780226240749.003.0007
Subject:
Law, Constitutional and Administrative Law

Despite the changes that swept across the nation after the Civil War, the law and traditions of free expression remained largely the same. Of course, Northerners disagreed about the implications of ... More


Rights

Kimberley Brownlee

in Conscience and Conviction: The Case for Civil Disobedience

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199592944
eISBN:
9780191746109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592944.003.0005
Subject:
Law, Philosophy of Law, Human Rights and Immigration

Drawing on the previous discussion, this chapter explores the moral rights generated by conscience and conscientious conviction respectively. The chapter shows that the value of conscience generates ... More


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