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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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Foreshadowings: International News Service v. Associated Press

Foreshadowings: International News Service v. Associated Press

Chapter:
(p.149) Chapter 5 Foreshadowings: International News Service v. Associated Press
Source:
No Law
Publisher:
Stanford University Press
DOI:10.11126/stanford/9780804745789.003.0005

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 commerce in products of the intellect, if left unchecked, can conflict with still more important interests touching upon freedom of speech and press. The challenge then was to imagine the terms upon which these interests could coexist, taking into account the paramount place the First Amendment presumably must hold in any reconciliation that might follow. The challenge ultimately would be to imagine a First Amendment capable of constraining intellectual property without destroying it.

Keywords:   International News Service, Associated Press, intellectual property, commerce, freedom of speech, freedom of the press, First Amendment

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