Jump to ContentJump to Main Navigation
No LawIntellectual Property in the Image of an Absolute First Amendment$
Users without a subscription are not able to see the full content.

David L. Lange and H. Jefferson Powell

Print publication date: 2008

Print ISBN-13: 9780804745789

Published to Stanford Scholarship Online: June 2013

DOI: 10.11126/stanford/9780804745789.001.0001

Show Summary Details
Page of

PRINTED FROM STANFORD SCHOLARSHIP ONLINE (www.stanford.universitypressscholarship.com). (c) Copyright Stanford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in SSO for personal use (for details see www.stanford.universitypressscholarship.com/page/privacy-policy).date: 23 October 2018

Forward to the Eighteenth Century

Forward to the Eighteenth Century

(p.284) Chapter 12 Forward to the Eighteenth Century
No Law
Stanford University Press

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 many ways than modern American free speech doctrine understands the First Amendment. He did not see after-the-fact punishment for “improper, mischievous, or illegal” publications as a violation of press freedom. The chapter looks at Blackstone's own discussion of copyright and identifies seeds of a justification for the application of Blackstone's logic to a case where Blackstone himself did not go. It also addresses some issues that can help clarify the absolute reading of the First Amendment proposed in Chapter 13.

Keywords:   Sir William Blackstone, First Amendment, intellectual property, copyright, press freedom, free speech

Stanford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.