The Rehnquist Court and the Groundwork for Greater First Amendment Scrutiny of Intellectual Property

19 Pages Posted: 20 Jan 2007  

Mark P. McKenna

Notre Dame Law School

Abstract

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.

Keywords: speech, First Amendment, intellectual property, Rehnquist, Supreme Court

Suggested Citation

McKenna, Mark P., The Rehnquist Court and the Groundwork for Greater First Amendment Scrutiny of Intellectual Property. Washington University Journal of Law and Policy, Vol. 21, p. 11, 2006. Available at SSRN: https://ssrn.com/abstract=957420

Mark P. McKenna (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States
(574) 631-9258 (Phone)

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