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Journal of Technology Law & Policy

Document Type

Article

Abstract

The Article examines how the courts have, and should, balance these potentially competing speech and property interests in the context of new communications technologies. First, the background of this Article explains the relevant facts of Bennett’s case and describes “blogs” in greater detail. Part I of the analysis examines the relevant First Amendment issues applicable to blogs, Part II considers the various intellectual property concerns, and Part III addresses the public policy concerns highlighted by Bennett’s case. Finally, this Article concludes with recommendations for how courts should balance free speech and intellectual property interests in blogging and other communications technologies going forward.

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