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The Macguffin And The Net: Taking Internet Listeners Seriously, Derek E. Bambauer
The Macguffin And The Net: Taking Internet Listeners Seriously, Derek E. Bambauer
University of Colorado Law Review
To date, listeners and readers play little more than bit parts in First Amendment jurisprudence. The advent of digital networked communication over the Internet supports moving these interests to center stage in free speech doctrine and offers new empirical data to evaluate the regulation of online information. Such a shift will have important and unexpected consequences for other areas, including ones seemingly orthogonal to First Amendment concerns. This Essay explores likely shifts in areas that include intellectual property, tort, and civil procedure, all of which have been able to neglect certain free speech issues because of the lack of listener …
Misguided Patent Reform: The Questionable Constitutionality Of First-To-File, Andrew L. Sharp
Misguided Patent Reform: The Questionable Constitutionality Of First-To-File, Andrew L. Sharp
University of Colorado Law Review
American cigarette warning labels are lackluster compared to others around the world. To address this inadequacy, the FDA created nine graphic-image cigarette warning labels that were scheduled to appear on all cigarette packages sold in the US beginning in 2012. However, before they debuted, the D.C. Circuit Court of Appeals struck the labels down in R.J. Reynolds Tobacco Co. v. FDA, holding that they constituted compelled commercial speech in violation of the First Amendment. This Note argues that the R.J. Reynolds decision conflicts with the Supreme Court's commercial speech jurisprudence. Historically, the Supreme Court has applied limited First Amendment protection …