5 ms·
By enforcing copyright law, states restrict the freedom of speech of their citizens by prohibiting/going after certain kinds of expression (someone relying the
by EMIRELADERO 3y ago
By enforcing copyright law, states restrict the freedom of speech of their citizens by prohibiting/going after certain kinds of expression (someone relying the state government's own speech is in itself speech)
In order to not be unconstitutional, therefore, copyright law should be interpreted as not protecting state works.
- tptacek 3y agoCopyright is itself in the constitution.
- EMIRELADERO 3y agoCorrect, but the 1st is stronger. This is why fair use even exists. In order to coexist with the first amendment, the copyright clause must allow some wiggle room for freedom of expression and balancing the rightsholder's interests with society's. Since these "safety valves" exist even for enforcement of the copyrights of private parties, a state government's enforcement would be even more, if not entirely thwarted by the free speech clause.
- tptacek 3y agoThe Copyright Clause is explicit about the authority of Congress to grant exclusivity. You're not going to get anywhere with an argument that it contravenes the First Amendment. They were ratified almost simultaneously.
- deleted 3y ago[deleted]