Law Professors Argue that Protect IP Act is Unconstitutional

  • Some 90 law professors have signed a joint letter opposing the Protect IP Act which is intended to deal with copyright infringement. The Act is currently being reviewed by Congress.
  • The letter contends that the Act’s domain-blocking provisions can be viewed as Internet censorship, which is barred by the First Amendment.
  • “The Act would allow courts to order any Internet service to stop recognizing [a] site even on a temporary restraining order… issued the same day the complaint is filed” without allowing for an adversary proceeding, which has been required by the Supreme Court.
  • Moreover, blocking an entire domain when infringing material exists in a subdomain is equivalent to “burning the house to roast the pig.”