The Supreme Court has increasingly invoked history and tradition to define constitutional rights, including in First Amendment cases involving intellectual property. This approach, seen in rulings on rights of publicity and copyright, often bypasses strict scrutiny and raises concerns about speech restrictions. This a…
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Supreme Court’s Use of History and Tradition in IP-First Amendment Cases Faces Critique The Supreme Court has increasingly invoked history and tradition to define constitutional rights, including in First Amendment cases involving intellectual property. This approach, seen in rulings on rights of publicity... Read the full IIPLA blog post: https://iipla.org/blog/supreme-court-s-use-of-history-and-tradition-in-ip-first-amendment-cases-faces-critique