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

David L. Lange and H. Jefferson Powell

Abstract

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 abridges the freedoms of speech and of the press. While many have long noted the tension between these provisions, recent legal and cultural developments have transformed mere tension into conflict. This book offers a new way to approach these debates. The authors argue that the First Amendment imposes absolute limits upon claims of exclusivity in intellectual property and expression, and strips Congr ... More

Keywords: Constitution, Congress, First Amendment, intellectual property, freedom of expression, copyright law, patent law, trademark law, intellectual creations

Bibliographic Information

Print publication date: 2008 Print ISBN-13: 9780804745789
Published to Stanford Scholarship Online: June 2013 DOI:10.11126/stanford/9780804745789.001.0001

Authors

Affiliations are at time of print publication.

David L. Lange, author

H. Jefferson Powell, author

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