Abstract
This article makes several different observations about the Free Speech Clause and intellectual property law, in light of some recent doctrinal developments: (1) the Court's decision about copyright in Eldred v. Ashcroft; (2) the Court's evolving commercial speech jurisprudence in cases such as 44 Liquormart v. Rhode Island, which is relevant to trademark dilution law; (3) the California Supreme Court's right of publicity decision in Comedy III Productions v. Saderup; and (4) the Court's decision in Bartnicki v. Vopper, which indirectly bears on trade secret law.
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