Aaron Swartz
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02-26-2003 08:33 PM ET (US)
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Cory writes: "What's more, trademark specifically does NOT protect your mark from use in criticism, parody, instruction, and other first amendment contexts."
I'd like to dispel the idea that just allowing certain types of speech prevents a law from violating the first ammendment; in fact nearly the opposite is true. Imagine a law that only the President to be discussed in parody or criticism. Such a law would obviously violate freedom of speech! The same goes for trademark and copyright laws; limiting speech by it's content is clearly unconstitutional.
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