Washington University Law Review Volume 84 Issue 6 January 2006 Commerce Versus Commentary: Gripe Sites, Parody, and the First Amendment in Cyberspace Jacqueline D. Lipton Case Western Reserve University School of Law Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Constitutional Law Commons, First Amendment Commons, Intellectual Property Law Commons, and the Internet Law Commons Recommended Citation Jacqueline D. Lipton, Commerce Versus Commentary: Gripe Sites, Parody, and the First Amendment in Cyberspace, 84 WASH. U. L. REV. 1327 (2006). Available at: https://openscholarship.wustl.edu/law_lawreview/vol84/iss6/1 This Article is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact
[email protected]. Washington University Law Review VOLUME 84 NUMBER 6 2006 COMMERCE VERSUS COMMENTARY: GRIPE SITES, PARODY, AND THE FIRST AMENDMENT IN CYBERSPACE JACQUELINE D. LIPTON∗ ABSTRACT The Global Online Freedom Bill of 2006 emphasizes the importance of freedom of speech on the Internet as a fundamental human right. However, the backbone of the World Wide Web, the Internet domain name system, is a poor example of protecting free speech, particularly in terms of the balance between speech and commercial trademark interests. This is apparent from the manner in which the legislature and the judiciary deal with cases involving Internet gripe sites and parody sites. The lack of a clear consensus on the protection of free speech in these contexts is troubling, and can be found in a number of recent cases involving situations such as use ∗ Professor and Co-Director, Center for Law, Technology, and the Arts, and Associate Director, Frederick K.