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Justice Black and the Absolute First Amendment

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0010
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines the origins and significance of Justice Hugo L. Black's First Amendment views. It begins by reviewing a related but quite distinct constitutional issue, the so-called ... More


Constitutional Absolutes in a Holmesian World

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0011
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter proposes that the First Amendment should be uncoupled from the early-twentieth-century mindset that conditions its current interpretation, and that constitutional law should return to ... More


Intellectual Productivity and Freedom of Expression: The Conditions of Their Coexistence

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0006
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter identifies the terms upon which creative productivity and freedom of expression can coexist. The discussion presents these conditions as if the essential presupposition—a sacrifice of ... More


Intellectual Property in the Image of an Absolute First Amendment

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0013
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter proposes that the First Amendment be read absolutely, in keeping with its first and most obvious meaning: that Congress shall make no law abridging freedom of speech or of the press by ... More


Forward to the Eighteenth Century

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0012
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter draws upon Sir William Blackstone's views to examine the relationship between the First Amendment and intellectual property. Blackstone held a view of liberty of the press narrower in ... More


No Law: Intellectual Property in the Image of an Absolute First Amendment

David L. Lange and H. Jefferson Powell

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.001.0001
Subject:
Law, Intellectual Property, IT, and Media Law

The original text of the Constitution grants Congress the power to create a regime of intellectual property protection. The First Amendment, however, prohibits Congress from enacting any law that ... More


Justice Holmes and the Arrival of Balancing

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0009
Subject:
Law, Intellectual Property, IT, and Media Law

Two opinions by Justice Oliver Wendell Holmes, Jr., filed in the series of Espionage Act cases which the Supreme Court decided in 1919—his opinion for the Court in Schenck v. United States and his ... More


The Sedition Act of 1798 and the First First Amendment Crisis

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0008
Subject:
Law, Intellectual Property, IT, and Media Law

In the summer of 1798 Congress passed and President Adams signed into law a battery of four statutes intended to safeguard domestic security. Three of the statutes dealt with the threats perceived to ... More


Exclusivity versus Appropriation: Some Questions and Costs

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0003
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter attempts to sketch a field of conflict between exclusive rights generated and protected by copyright and its companion doctrines in the field of intellectual property, and the very ... More


The Origins of the First Amendment and the Question of Original Meaning

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0007
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter demonstrates that the argument that the First Amendment had a clear, determinate original meaning, understood or assumed to be embedded in the words “the freedom of speech, [and] of the ... More


Foreshadowings: International News Service v. Associated Press

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0005
Subject:
Law, Intellectual Property, IT, and Media Law

This chapter examines the judicial opinions in International News Service v. Associated Press. The case suggested, as no other case before it had, how protean interests arising in the course of ... More


Introduction

in Henry Ford's War on Jews and the Legal Battle Against Hate Speech

Published in print:
2012
Published Online:
June 2013
ISBN:
9780804772341
eISBN:
9780804783736
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804772341.003.0001
Subject:
History, American History: 20th Century

In the 1920s, Aaron Sapiro, a Jewish lawyer from California, filed a libel case against Henry Ford and his newspaper, the Dearborn Independent. Sapiro's lawsuit stemmed from a series of articles ... More


The Less Unsaid the Better: Self-Regulating Free Speech

Evan Osborne

in Self-Regulation and Human Progress: How Society Gains When We Govern Less

Published in print:
2018
Published Online:
May 2018
ISBN:
9780804796446
eISBN:
9781503604247
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804796446.003.0004
Subject:
Economics and Finance, Economic History

The question of how much free expression to tolerate hardly came up until the modern era. The creation in Europe of the printing press changed that and made expression a threat to long-standing ... More


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