Advertising Law and the Metastasizing First Amendment
Professor Rebecca Tushnet will deliver the 6th Annual Peter A. Jaszi Distinguished Lecture on Intellectual Property, hosted by the Program on Information Justice and Intellectual Property at American University Washington College of Law.
A celebratory reception will follow.
Professor Tushnet will discuss her latest research encompassing First Amendment law and advertising law.
Abstract: Modern First Amendment doctrine, and distrust of the expertise of the administrative state, threaten the foundations of the consumer protection apparatus that developed over the course of the twentieth century. Although the Supreme Court ducked the issue of the compatibility of consumer protection law with aggressive views of the First Amendment fifteen years ago, subsequent decisions by the Court and the courts of appeals have reinvigorated challengers of the regulatory state. But if the government—whether by way of courts, legislatures, or agencies—can legitimately find facts, then consumer protection law should survive the assault.
Rebecca Tushnet is the Frank Stanton Professor of the First Amendment at Harvard Law School. After clerking for Chief Judge Edward R. Becker of the Third Circuit and Associate Justice David H. Souter on the Supreme Court, she practiced intellectual property law at Debevoise & Plimpton before beginning teaching. Her publications include “Worth a Thousand Words: The Images of Copyright Law” (Harvard L. Rev. 2012); “Gone in 60 Milliseconds: Trademark Law and Cognitive Science” (Texas L. Rev. 2008); and “Copy This Essay: How Fair Use Doctrine Harms Free Speech and How Copying Serves It” (Yale L.J. 2004). Her work currently focuses on copyright, trademark and false advertising law. Her blog, at tushnet.blogspot.com, has been on the ABA’s Blawg 100 list of top legal blogs for the past three years. Professor Tushnet helped found the Organization for Transformative Works, a nonprofit dedicated to supporting and promoting fanworks, and currently volunteers on its legal committee. She is also an expert on the law of engagement rings.
PIJIP’s Distinguished Lecture on Intellectual Property Law is named in recognition of the continuing contributions of Professor Peter A. Jaszi to the study of intellectual property at WCL and in the world at large, and in particular for his lasting contributions to the elevation of the public interest in intellectual property discourse.
The Peter A. Jaszi Distinguished Lecture on Intellectual Property is supported by tax deductible contributions to the Program on Information Justice and Intellectual Property. To become a supporter, click here.