The Historical Origins of the Conflict between Copyright and the First Amendment

Patrick Cronin
This Article addresses the argument that certain aspects of copyright law violate the First Amendment an argument numerous copyright and constitutional law scholars advance from a historical perspective. The Federal Courts have largely rejected versions of this argument, although in the wake of the Eldred v. Ashcroft decision there is some small indication that they are more willing to apply First Amendment doctrine to copyright cases. Most of the literature addressing the relationship between copyright...
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