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Series

2007

Georgetown Law Faculty Publications and Other Works

Freedom of speech

Articles 1 - 3 of 3

Full-Text Articles in Law

Corporations And Commercial Speech, Ronald Collins, Mark Lopez, Tamara Piety, David C. Vladeck Jan 2007

Corporations And Commercial Speech, Ronald Collins, Mark Lopez, Tamara Piety, David C. Vladeck

Georgetown Law Faculty Publications and Other Works

Even though we are discussing a case that was not decided on the merits, Nike v. Kasky is an important case because it crystallizes two of the essential critiques about the commercial speech doctrine, critiques that have run through this doctrine from before its advent in 1976 to today. The fundamental debate Nike triggered over what constitutes "commercial speech" and how strictly commercial speech should be regulated is still being played out - not just in the academy, but also in the courts on a day-to-day basis. So this is a timely and important topic.


Domain And Forum: Public Space, Public Freedom, Rebecca Tushnet Jan 2007

Domain And Forum: Public Space, Public Freedom, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

The particular problems of content and viewpoint discrimination rarely surface in copyright, though some people have argued that fair use implicates them. Nonetheless, one important lesson for copyright from public forum doctrine is that First Amendment law can take some - though not many - speech-related options off the table. In this brief comment, I argue that analogies between copyright law and public forum doctrine highlight important shared commitments to free and robust public discourse, but also substantial practical barriers to judicial enforcement of those commitments.


Trademark Law As Commercial Speech Regulations, Rebecca Tushnet Jan 2007

Trademark Law As Commercial Speech Regulations, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

False advertising law has largely escaped constitutional scrutiny because courts consider false or misleading commercial speech outside the protection of the First Amendment. Even moderate First Amendment protection for truthful commercial speech, however, requires some constitutional policing of the line between truth and falsity. Current enforcement of false advertising law, whether administrative, as with the FDA's regulation of drug-related speech, or judicial, as with Lanham Act suits brought by private parties, is ill-equipped to deal with First Amendment doctrine's very different concerns, rules, and presumptions. This contribution to the symposium will explore some of the ways in which the First …