Prior Restraints and Intellectual Property: The Clash between Intellectual Property and the First Amendment from an Economic Perspective

Abstract

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 innovation into the marketplace,4 which facilitates the development of private economic enterprises. Private property rights, in contrast, are based on restricting access and use of private property. A private proprety owner is given exclusive "monopoly-like" rights to decide who can access or use her property.5 Such rights are also important to the development of private economic enterprises.6Freedom of Speech, First Amendment, Trade Secrets,