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No LawIntellectual Property in the Image of an Absolute First Amendment$
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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

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Intellectual Property in the Image of an Absolute First Amendment

Intellectual Property in the Image of an Absolute First Amendment

Chapter:
(p.305) Chapter 13 Intellectual Property in the Image of an Absolute First Amendment
Source:
No Law
Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804745789.003.0013

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 conferring monopolies in expression that otherwise would belong to the universe of discourses in which all are free to share and share alike. In at least this sense, “no law” should mean no law. It discusses the shape that intellectual property doctrines assume when reassessed against the constraints imposed by an absolute First Amendment.

Keywords:   Congress, First Amendment, absolutism, constitutional law, intellectual property, free speech, free press

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