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Constitutional Fair Use
Michael D. Brittin
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Abstract
A law imposing a limited restraint on speech is not necessarily unconstitutional.The first amendment does not give absolute protection to every utterance; 7 its reference to "no law" has not been interpreted literally.'Significant, though diminishing, limitations on the freedom of expression remain 9 because some expressions con-* The original draft of this paper won the 1978 Nathan Burkan Competition at the Marshall-Wythe School of Law, the College of William and Mary. 1.U.S. CoNsT.amend.I. 2. U.S. CONST.art.I, § 8, c. 8.The clause, in its entirety, gives Congress the power "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the
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