The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Classes #4: "When is Conduct Speech?" and "Capture Rule and Acquisition by Creation"

O'Brien, Texas v. Johnson, R.A.V. v. St. Paul, INS v. AP

|The Volokh Conspiracy |


When is Conduct Speech?

  • United States v. O'Brien (1326-1330) / (598-603)
  • Texas v. Johnson (1330-1336) / (603-609)
  • R.A.V. v. City of St. Paul (1337-1342) / (609-614)

Capture Rule and Acquisition by Creation

The Capture Rule: Oil and Gas

  • Capture and Other "Fugitive" Resources: 43-46

Acquisition by Creation

  • Acquisition by creation, 132-133
  • International News Service v. Associated Press, 133-137
  • Notes, 137-140
  • Copyright, 140-141
  • Patent, 161
  • Trademarks, 198-200

Josh Blackman is a constitutional law professor at the South Texas College of Law Houston, an adjunct scholar at the Cato Institute, and the President of the Harlan Institute. Follow him @JoshMBlackman.