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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


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


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


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


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


Value Democracy at Home and Abroad

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/9780691147628.003.0007
Subject:
Philosophy, Political Philosophy

This concluding chapter examines some possible further implications of democratic persuasion that might be a source for further study. The first implication is that the book's view might serve as a ... 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


The Adversary First Amendment: Free Expression and the Foundations of American Democracy

Martin H. Redish

Published in print:
2013
Published Online:
September 2013
ISBN:
9780804772150
eISBN:
9780804786348
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804772150.001.0001
Subject:
Law, Constitutional and Administrative Law

The book presents a unique and controversial rethinking of the intersection between modern American democratic theory and free expression. Most free speech scholars view freedom of expression as a ... 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


Freedom of Speech and Assembly

Geoffrey Marshall

in Constitutional Theory

Published in print:
1980
Published Online:
March 2012
ISBN:
9780198761211
eISBN:
9780191695148
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198761211.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter discusses freedom of speech and assembly. It first considers John Stuart Mill's defence of free expression in the essay On Liberty and the implications of his principles. It then ... More


A Theory of Copyright Harm

Christina Bohannan and Herbert Hovenkamp

in Creation without Restraint: Promoting Liberty and Rivalry in Innovation

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199738830
eISBN:
9780199932702
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199738830.003.0008
Subject:
Law, Competition Law, Intellectual Property, IT, and Media Law

This chapter examines the relationship between copyright law, the harm caused by others' uses of copyright material, and free expression. The United States has a very strong tradition of First ... More


Open Questions

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/9780226240749.003.0013
Subject:
Law, Constitutional and Administrative Law

The legal doctrines and theories of free expression under pluralist democracy remain in flux. In the realm of free-expression doctrine, at least three major questions persist. First, should the Court ... More


Ethics in the Public Domain: Essays in the Morality of Law and Politics

Joseph Raz

Published in print:
1995
Published Online:
March 2012
ISBN:
9780198260691
eISBN:
9780191682148
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198260691.001.0001
Subject:
Law, Philosophy of Law

This new collection opens with a pivotal chapter, not previously published, on the implications of the moral duties which arise out of concern for the well-being of others. The first part of the book ... More


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