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A difficulty posed by the idea-expression distinction is that "[n]obody has ever been able to fix that boundary, and nobody ever can", as Judge Learned Hand wrote for the Second Circuit Court of Appeals in 1930's Nichols v. Universal Pictures Corp., holding that while a fictional character can be copyrighted, it must be well-developed. [24]
The marketplace of ideas is a rationale for freedom of expression based on an analogy to the economic concept of a free market.The marketplace of ideas holds that the truth will emerge from the competition of ideas in free, transparent public discourse and concludes that ideas and ideologies will be culled according to their superiority or inferiority and widespread acceptance among the ...
Intellectual freedom encompasses many areas including issues of academic freedom, Internet filtering, and censorship. [4] Because proponents of intellectual freedom value an individual's right to choose informational concepts and media to formulate thought and opinion without repercussion, restrictions to access and barriers to privacy of information constitute intellectual freedom issues.
The term can be found used in an October 1845 Massachusetts Circuit Court ruling in the patent case Davoll et al. v. Brown, in which Justice Charles L. Woodbury wrote that "only in this way can we protect intellectual property, the labors of the mind, productions and interests are as much a man's own ... as the wheat he cultivates, or the ...
For example, in Austria, defaming Muhammad, the prophet of Islam, is not protected as free speech. [45] [46] [47] In contrast, in France, blasphemy and disparagement of Muhammad are protected under free speech law. Certain public institutions may also enact policies restricting the freedom of speech, for example, speech codes at state-operated ...
Under the Miller test, speech is unprotected if "the average person, applying contemporary community standards, [54] would find that the [subject or work in question], taken as a whole, appeals to the prurient interest", "the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by ...
Kat Aoki is a seasoned finance writer who's written thousands of articles to empower people to better understand technology, fintech, banking, lending and investments. Her expertise has been ...
The argument over the underlying nature of ideas is opened by Plato, whose exposition of his theory of forms—which recurs and accumulates over the course of his many dialogs—appropriates and adds a new sense to the Greek word for things that are "seen" (re. εἶδος) that highlights those elements of perception which are encountered without material or objective reference available to ...