Competing Values: An Evaluation of SOPA's Impact on Intellectual Property Rights and Free Speech

Abstract

This thesis seeks to investigate the competing values of intellectual property rights identified by Title 17 of the United States Code and the freedom of speech by evaluating the constitutionality of the Stop Online Piracy Act, or SOPA. Through the lens of historical precedent and the arguments made by important figures in the SOPA debate, the thesis explores the bill and finds that it may violate the Constitution and be inconsistent with current law. A balanced solution to the conflict is proposed by severing the unconstitutional provisions in SOPA so that the bill no longer affects free speech but still meets its intended purpose of addressing online piracy.