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Articles 1 - 12 of 12
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 …
Another Case Of Freedom Vs. Safety: Stretching The First Amendment To Protect The Publication Of Murder Manuals-Bradenburg Need Not Apply?, Robert J. Coursey Iii
Another Case Of Freedom Vs. Safety: Stretching The First Amendment To Protect The Publication Of Murder Manuals-Bradenburg Need Not Apply?, Robert J. Coursey Iii
Georgia State University Law Review
No abstract provided.
"Chilling" The Internet? Lessons From Fcc Regulation Of Radio Broadcasting , Thomas W. Hazlett, David W. Sosa
"Chilling" The Internet? Lessons From Fcc Regulation Of Radio Broadcasting , Thomas W. Hazlett, David W. Sosa
Michigan Telecommunications & Technology Law Review
Congress included the Communications Decency Act (CDA) in the Telecommunications Act signed into law on February 8, 1996. The bill seeks to outlaw the use of computers and phone lines to transmit "indecent" material with provisions of jail terms and heavy fines for violators. Proponents of the bill argue it is necessary to protect minors from undesirable speech on the Internet. The CDA was immediately challenged in court by the American Civil Liberties Union, and the special 3-judge federal panel established to hear the case recently declared the Act unconstitutional. Yet, its ultimate adjudication remains in doubt. Ominously, the federal …
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.
Are We Only Burning Witches? The Antiterrorism And Effective Death Penalty Act Of 1996'S Answer To Terrorism, Jennifer A. Beall
Are We Only Burning Witches? The Antiterrorism And Effective Death Penalty Act Of 1996'S Answer To Terrorism, Jennifer A. Beall
Indiana Law Journal
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.
Promises Of Silence: Contract Law And Freedom Of Speech , Alan E. Garfield
Promises Of Silence: Contract Law And Freedom Of Speech , Alan E. Garfield
Cornell Law Review
No abstract provided.
When Rights Collide: Reconciling The First Amendment Rights Of Opposing Parties In Civil Litigation, Barbara Arco
When Rights Collide: Reconciling The First Amendment Rights Of Opposing Parties In Civil Litigation, Barbara Arco
University of Miami Law Review
No abstract provided.
Einstein's Hair, Jonathan A. Franklin
Einstein's Hair, Jonathan A. Franklin
Michigan Journal of International Law
Review of From Privacy Toward a New Intelletual Property Right in Persona: The Right of Publicity (United States) and Portrait Law (Netherlands) Balanced with Freedom of Speech and Free Trade Principles by Julius C.S. Pinckaers
Bery V. New York: Do Artists Have A First Amendment Right To Sell And Display Art In Public Places, Christina A. Mathes
Bery V. New York: Do Artists Have A First Amendment Right To Sell And Display Art In Public Places, Christina A. Mathes
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
First Amendment Protection Of Homosexual Conduct, J.F. Jr. Walsh
First Amendment Protection Of Homosexual Conduct, J.F. Jr. Walsh
Case Western Reserve Law Review
No abstract provided.