Commercialspeech.com: ACPA and the First Amendment


Ian J. Silverbrand

To protect the rights and opportunities of trademark holders, the American government has limited the rights and opportunities of innocent domain name users. This Article argues that the Anti-Cybersquatting Consumer Protection Act unconstitutionally violates the commercial speech doctrine. Though the Act directly advances a substantial governmental interest, the statutory construction of the Act is more extensive than necessary. The Article therefore recommends that the Act be amended so that its scope applies only to true cybersquatters.

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October 23, 2008 PDF Articles, Volume 12

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