Fordham Intellectual Property, Media and Entertainment Law Journal Volume 12 Volume XII Number 1 Volume XII Book 1 Article 1 2002 Prior Restraints and Intellectual Property: The Clash between Intellectual Property and the First Amendment from an Economic Perspective Andrew Beckerman-Rodau Suffolk University Law School Follow this and additional works at: https://ir.lawnet.fordham.edu/iplj Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Andrew Beckerman-Rodau, Prior Restraints and Intellectual Property: The Clash between Intellectual Property and the First Amendment from an Economic Perspective, 12 Fordham Intell. Prop. Media & Ent. L.J. 2 (2001). Available at: https://ir.lawnet.fordham.edu/iplj/vol12/iss1/1 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Intellectual Property, Media and Entertainment Law Journal by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. FINAL.BECKROD 1/10/02 4:24 PM ARTICLES Prior Restraints and Intellectual Property: The Clash between Intellectual Property and the First Amendment from an Economic Perspective Andrew Beckerman-Rodau1 INTRODUCTION Freedom of speech and private property rights are among the fundamental concepts upon which the United States is built.2 Freedom of speech favors free dissemination of ideas and information.3 From an economic perspective, this encourages the free flow of creative ideas and innovations into the marketplace,4 which facilitates the development of private economic enterprises.