Tag: Personal Use

The Substantive Due Process Turn: Identity-Based Uses of Copyrighted Works

Jennifer E. Rothman - Loyola Law School

The dominant theoretical frame for conceptualizing uses of copyrighted works is the First Amendment’s protection for free speech.  Despite numerous calls for greater First Amendment scrutiny in copyright cases, there has been an almost unrelenting rejection of independent First Amendment review in copyright cases.  Even when free speech values are… Read More »