Prof. Rodney A. Smolla, President, Furman University August 16, 2011 It is one thing to make news, and yet another to break it.  The distinction between making and breaking news recently proved critical in a fascinating intellectual property case involving the rights of Internet news aggregators to scoop the stock trade recommendations of large financial [...]

Prof. Rodney A. Smolla, President, Furman University June 2, 2011 Richard Prince is a well-known “appropriation artist.”  As the phrase suggests, Prince “appropriates” the works of others to create his own artistic works.  His efforts have been successful; his works have been shown at many museums and galleries, including a solo show at the Guggenheim [...]

Prof. Rodney A. Smolla, President, Furman University May 19, 2011 For many years the First Amendment has been understood as protecting an individual’s right to engage in anonymous speech.  Anonymity is also a signature characteristic of much of the communication that takes place on the Internet.  In copyright infringement cases arising from claims that copyrighted [...]

Prof. Rodney A. Smolla, President, Furman University October 5, 2010 A question that has long vexed courts and commentators is the extent to which First Amendment principles that heavily disfavor the issuance of prior restraints ought to apply, with either full force or diminished force, when injunctions, including preliminary injunctions, are sought to protect intellectual [...]

Dean Rodney A. Smolla, Washington and Lee University School of Law April 29, 2010 The academic freedom rights of university professors are usually discussed in the vocabulary of the First Amendment.  Professors at public universities have freedom of speech rights derived from the First Amendment that they may assert against their university employers.  Professors at [...]