The Rehnquist Court and the Groundwork for Greater First Amendment Scrutiny of Intellectual Property
Mark P. McKenna
Notre Dame Law School
Washington University Journal of Law and Policy, Vol. 21, p. 11, 2006
This contribution to the Washington University School of Law conference on the Rehnquist Court and the First Amendment addresses the Rehnquist Court's view of the role of the First Amendment in intellectual property cases. It argues that, while the Rehnquist Court was not eager to find a conflict between intellectual property laws and the First Amendment, there is reason to believe that it set the stage for greater First Amendment scrutiny of intellectual property protections. At the very least, the Court left that road open to future courts, which might be inclined to view intellectual property more skeptically.
Number of Pages in PDF File: 19
Keywords: speech, First Amendment, intellectual property, Rehnquist, Supreme Court
Date posted: January 20, 2007