Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Freedom of speech (3)
- Censorship (1)
- Chilling effects (1)
- Citizens United v. FEC (1)
- Citizens United v. Federal Election Commission (1)
-
- Commercial speech (1)
- Compelled speech (1)
- Constitutional rights (1)
- Consumers (1)
- Copyright law (1)
- Copyright protection (1)
- Corporate form (1)
- Corporation (1)
- Corporations (1)
- Doctrinal purity (1)
- Elections (1)
- Fair use (1)
- Free speech (1)
- Freedom of information (1)
- Information (1)
- Infrastructure (1)
- Internet (1)
- Internet service providers (1)
- Judicial activism (1)
- Lanham Act (1)
- Law reform (1)
- Legal fiction (1)
- Legal person (1)
- Legislative interpretation (1)
- Markowners (1)
- Publication
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Protecting Nominative Fair Use, Parody, And Other Speech-Interests By Reforming The Inconsistent Exemptions From Trademark Liability, Samuel M. Duncan
Protecting Nominative Fair Use, Parody, And Other Speech-Interests By Reforming The Inconsistent Exemptions From Trademark Liability, Samuel M. Duncan
University of Michigan Journal of Law Reform
Federal trademark law exempts certain communicative uses of a trademark from liability so that the public can freely use a trademark to comment on the markowner or to describe its products. These exemptions for "speech-interests" are badly flawed because their scope is inconsistent between infringement and dilution law, and because the cost and difficulty of claiming their protection varies significantly from court to court. Many speech-interests remain vulnerable to the chilling threat of litigation even though they are "protected" by current law. This Note proposes a simple statutory reform that will remedy this inconsistency by creating an express safe harbor …
Citizens United And The Threat To The Regulatory State, Tamara R. Piety
Citizens United And The Threat To The Regulatory State, Tamara R. Piety
Michigan Law Review First Impressions
Although Citizens United has been roundly criticized for its potential effect on elections and its display of judicial immodesty (or "activism"), the effect of the case which may be both most profound and perhaps most pernicious is its effect on the commercial speech doctrine. This is an aspect of the case which has been largely overlooked. Most people seem to be unaware of any connection between election law and the commercial speech doctrine-except, that is, those who have been working long and hard to accomplish the change it foreshadows. They are keenly aware of its implications.
Ill Telecommunications: How Internet Infrastructure Providers Lose First Amendment Protection, Nicholas Bramble
Ill Telecommunications: How Internet Infrastructure Providers Lose First Amendment Protection, Nicholas Bramble
Michigan Telecommunications & Technology Law Review
The Federal Communications Commission (FCC) recently proposed an Internet nondiscrimination rule: "Subject to reasonable network management, a provider of broadband Internet access service must treat lawful content, applications, and services in a nondiscriminatory manner." Among other requests, the FCC sought comment on whether the proposed nondiscrimination rule would "promote free speech, civic participation, and democratic engagement," and whether it would "impose any burdens on access providers' speech that would be cognizable for purposes of the First Amendment." The purpose of this Article is to suggest that a wide range of responses to these First Amendment questions, offered by telecommunications providers …
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, David A. Simon
In Search Of (Maintaining) The Truth: The Use Of Copyright Law By Religious Organizations, David A. Simon
Michigan Telecommunications & Technology Law Review
The goal of this Article is to do what others have not: determine whether religious organizations should use copyright law to advance their goals of censorship and doctrinal purity. Answering this question entails a two-step analysis. First, the religious motivations must be compared with the underlying theories of, or justifications for, copyright law. Whether those principles align or conflict with religious motivations will inform our normative answer. Regardless of the answer to the aforementioned inquiry, the second step analyzes whether substantive copyright law doctrine facilitates or impedes the achievement of the ends advanced by these religious motivations. As a result …
Citizens United And The Corporate Form, Reuven S. Avi-Yonah
Citizens United And The Corporate Form, Reuven S. Avi-Yonah
Articles
In Citizens United vs. FEC, the Supreme Court struck down a Federal statute banning direct corporate expenditures on political campaigns. The decision has been widely criticized and praised as a matter of First Amendment law. But it is also interesting as another step in the evolution of our legal views of the corporation. This Article argues that by viewing Citizens Unitedthrough the prism of theories about the corporate form, it is possible to see that the majority and the dissent departed from previous Supreme Court jurisprudence on the First Amendment rights of corporations. It is also possible to then predict …