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Full-Text Articles in Law
Freedom Of Speech And Injunctions In Intellectual Property Cases, Mark A. Lemley, Eugene Volokh
Freedom Of Speech And Injunctions In Intellectual Property Cases, Mark A. Lemley, Eugene Volokh
Duke Law Journal
Preliminary injunctions against libel, obscenity, and other kinds of speech are generally considered unconstitutional prior restraints. Even though libel may inflict truly irreparable harm on its victim, the most a libel plaintiff can hope for is damages, or perhaps a permanent injunction after final adjudication, not preliminary relief. Professors Lemley and Volokh argue the same rule should apply to preliminary injunctions in many copyright, trademark, right of publicity, and trade secret cases. They note that intellectual property rights, unlike other property rights, are a form of content-based, government-imposed speech restriction. The mere fact that the restriction is denominated a "property …
Justice Rabinowitz And Personal Freedom: Evolving A Constitutional Framework, Susan Orlansky, Jeffrey M. Feldman
Justice Rabinowitz And Personal Freedom: Evolving A Constitutional Framework, Susan Orlansky, Jeffrey M. Feldman
Alaska Law Review
No abstract provided.
Ridding Foia Of Those “Unanticipated Consequences”: Repaving A Necessary Road To Freedom, Charles J. Wichmann Iii
Ridding Foia Of Those “Unanticipated Consequences”: Repaving A Necessary Road To Freedom, Charles J. Wichmann Iii
Duke Law Journal
No abstract provided.
The Electronic First Amendment: An Essay For The New Age, Glen O. Robinson
The Electronic First Amendment: An Essay For The New Age, Glen O. Robinson
Duke Law Journal
No abstract provided.
Silence Is Not Golden: Protecting Lawyer Speech Under The First Amendment, Erwin Chemerinsky
Silence Is Not Golden: Protecting Lawyer Speech Under The First Amendment, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Quo Vadis, Posadas?, William W. Van Alstyne
Quo Vadis, Posadas?, William W. Van Alstyne
Faculty Scholarship
This examination looks at Virginia's ban on speech advertising motorcycles and revisits the question raised in the Posadas decision - may a state ban speech about a legal product the state could ban if it so desired. This article uses comparisons to the government employee speech cases to further illuminate the issue.