inaccurate, and invariably contradictory, references to foreign gun laws and crime rates. 1988) (refusing to issue a permanent injunction against a movie based on plaintiff's short story aff'd sub nom. See generally Eugene Volokh, Freedom of Speech and the Constitutional Tension Method,. 195 Similarly, some have argued in favor of banning racist speech on the grounds that it silences minorities. 467, 469-72 (2d Cir. See supra notes 91-101 and accompanying text. This is more of a needle curve than a bell curve, but the point still stands. 87 88 The US Department of Justice submitted a brief refuting one of the arguments made by EFF, 89 but did not take any position on the riaa's "making available" argument, noting that it had never prosecuted anyone for "making available". 1998) (striking down a preliminary injunction of libel on the grounds that the injunction was not entered subsequent to a verdict in which a jury found that statements made by defendant were false and defamatory "ng High Country Fashions, Inc. Speech communicating facts and ideas in a way that is "substantially similar" to someone else's expression, and that is not a fair use, is constitutionally unprotected.
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The restriction on protected speech will only be temporary, the argument goes, and will be for a good cause: without the restriction, the underlying government interest, be it defending national security, protecting reputation, or stimulating creative expression, wouldn't be furthered as effectively. "A fifth of the victims defending themselves with a firearm suffered an injury, compared to almost half of those who defended themselves with weapons other than a firearm or who had no weapon.".S. 1193, 1205-11, 1261-62 (1992 Robert. 74 75 It is important to note the concept of blame in cases such as these. Government employees and contractors on computers used for federal government work. At 312; Blount. See Redish, supra note 105.
Finally, while the pro-plaintiff trend in copyright injunctions has historic antecedents in early English practice, they are not lineal antecedents. In 1977 jama did publish a critique from a pro-gun perspective. Even the tradition of applying copyright law to adaptations and abridgments, as opposed to literal or very nearly literal copying, is mostly a creature of the 1900s. See Los Angeles News Serv. In January 2012 the United States Department of Justice seized and shut down the file hosting site m and commenced criminal cases against its owners and others.
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