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Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International

Document Type

Article

Publication Date

Winter 12-2005

Publisher

Texas Law Review

Language

en-US

Abstract

The metaphor "a marketplace for ideas" is a prominent theme in First Amendment scholarship.2 In the First Amendment context, ideas provide the impetus for robust public debate, a foundational element of a democratic society. Ideas not only spark debate, but are an indispensable input in technological progress and innovation. While legal and economic scholarship has focused on patents, which protect inventions, little attention has been given to the sine qua non of invention, and therefore of patents: the underlying idea.

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