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126-508: The movement draws inspiration from the anti-monopolist work of Louis Brandeis , an early 20th century United States Supreme Court Justice who called high economic concentration “the Curse of Bigness” and believed monopolies were inherently harmful to the welfare of workers and business innovation. The New Brandeis movement opposes the school of thought in modern antitrust law that antitrust should center on customer welfare (as generally advocated by

252-520: A Facebook group formed by law professor John Palfrey encouraged Lessig to run for Congress from California's 12th congressional district , the seat vacated by the death of Representative Tom Lantos . Later that month, after forming an "exploratory project", he decided not to run for the vacant seat. Despite having decided to forgo running for Congress, Lessig remained interested in attempting to change Congress to reduce corruption. To this end, he worked with political consultant Joe Trippi to launch

378-418: A secular holiday. His parents raised their children to be "high-minded idealists" rather than depending solely on religion for their purpose and inspiration. In later years, his mother, Frederika, wrote of this period: I believe that only goodness and truth and conduct that is humane and self-sacrificing toward those who need us can bring God nearer to us ... I wanted to give my children the purest spirit and

504-471: A German-born Harvard University colleague. The two married in 1999. He and Neuefeind have three children: Willem, Coffy, and Tess. In 2019, during the criminal investigation of Jeffrey Epstein , it was discovered that the MIT Media Lab , under former director Joichi Ito , had accepted secret donations from Epstein after Epstein had been convicted on criminal charges. Ito eventually resigned as director of

630-769: A Plan to Stop It, and at the Occupy protest in Washington, D.C. Reporter Dan Froomkin said the book offers a manifesto for the Occupy Wall Street protestors, focusing on the core problem of corruption in both political parties and their elections. An Article V convention does not dictate a solution, but Lessig would support a constitutional amendment that would allow legislatures to limit political contributions from non-citizens, including corporations, anonymous organizations, and foreign nationals and he also supports public campaign financing and electoral college reform to establish

756-494: A close attention to the short term effects of mergers on consumer prices. Lawrence Lessig wrote "The New Chicago School" article in 1998, challenging directly with analysis of network effects the orthodoxy of antitrust economics during the protracted US v Microsoft litigation of the late 1990s. Tim Wu continued his mentor's work with extensive analysis of net neutrality from 2003, to which Yochai Benkler and Nicholas Economides , both then at NYU, contributed. Continuing in

882-731: A consultant and advisor to businesses, but also as a litigator who enjoyed courtroom challenges. In a letter to his brother, he writes, "There is a certain joy in the exhaustion and backache of a long trial which shorter skirmishes cannot afford." On November 6, 1889, he argued for the first time before the U.S. Supreme Court as the Eastern counsel of the Wisconsin Central Railroad in Wisconsin Central Railroad Company v. Price County , 133 US 496 (1889), and won. Soon after, Chief Justice Melville Fuller recommended him to

1008-624: A desirable cultural practice distinct from piracy. Lessig further articulates remix culture as intrinsic to technology and the Internet. Remix culture is therefore an amalgam of practice, creativity, "read/write" culture, and the hybrid economy. According to Lessig, the problem with the remix comes when it is at odds with stringent U.S. copyright law. He has compared this to the failure of prohibition , both in its ineffectiveness and in its tendency to normalize criminal behavior. Instead he proposes more lenient licensing, namely Creative Commons licenses , as

1134-761: A few months in the Midwest and was impressed by the nation's institutions and by the tolerance among the people he met. He wrote home to his wife, "America's progress is the triumph of the rights of man." The Brandeis family chose to settle in Louisville partly because it was a prosperous river port. His earliest childhood was shaped by the American Civil War , which forced the family to seek safety temporarily in Indiana. The Brandeis family held abolitionist beliefs that angered their Louisville neighbors. Louis's father developed

1260-453: A foreword to the Freesouls book project, Lessig makes an argument in favor of amateur artists in the world of digital technologies: "there is a different class of amateur creators that digital technologies have ... enabled, and a different kind of creativity has emerged as a consequence". Lessig is also a well-known critic of copyright term extensions. Lessig has long been known to be

1386-589: A friend as the best attorney he knew of in the Eastern U.S. Before taking on business clients, he insisted they agree to two major conditions: that he would only deal with the person in charge, never intermediaries, and he could be allowed to advise on any relevant aspects of the firm's affairs. He preferred being an adviser and counselor, rather than simply a strategist in lawsuits, which would allow him to advise his clients on how to avoid problems, such as lawsuits, strikes, or other crises. Brandeis explained: "I would rather have clients than be somebody's lawyer." In

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1512-404: A grain-merchandising business. Worries about the U.S. economy took the family back to Europe in 1872, but they returned in 1875. The Brandeis family were considered a "cultured family", trying not to discuss business or money during dinner, preferring subjects related to history, politics, and culture, or their daily lives. Having been raised partly on German culture , Louis read and appreciated

1638-431: A gripping and fast-paced documentary." Kathy Gill of GeekWire asserts that " Killswitch is much more than a dry recitation of technical history. Director Ali Akbarzadeh, producer Jeff Horn, and writer Chris Dollar created a human centered story. A large part of that connection comes from Lessig and his relationship with Swartz." In December 2016 Lawrence Lessig and Laurence Tribe established The Electors Trust under

1764-651: A negative effect on a free society. Brandeis was becoming increasingly conscious of and hostile to powerful corporations and the trend toward bigness in American industry and finance. He argued that great size conflicted with efficiency and added a new dimension to the Efficiency Movement of the Progressive Era. As early as 1895, he had pointed out the harm that giant corporations could do to competitors, customers, and their own workers. The growth of industrialization

1890-706: A neo-Brandeisian, to serve as assistant attorney general in the Department of Justice Antitrust Division. Kanter was confirmed by the United States Senate by a vote of 68–29 and took office in November 2021. Biden also nominated Lina Khan to be Chair of the Federal Trade Commission . On June 15, 2021, her nomination was confirmed by the Senate by a vote of 69 to 28. Khan was confirmed with bipartisan support. Since

2016-535: A new precedent in evidence presentation. In 1916, President Woodrow Wilson nominated Brandeis to a seat on the Supreme Court of the United States . His nomination was bitterly contested, partly because, as Justice William O. Douglas later wrote, "Brandeis was a militant crusader for social justice whoever his opponent might be. He was dangerous not only because of his brilliance, his arithmetic, his courage. He

2142-603: A nonprofit organization devoted to expanding the range of creative works available for others to build upon and to share legally. Prior to his most recent appointment at Harvard, he was a professor of law at Stanford Law School , where he founded the Stanford Center for Internet and Society, and at the University of Chicago . He is a former board member of the Free Software Foundation and Software Freedom Law Center ;

2268-477: A note found among his papers, he reminded himself to "advise client on what he should have, not what he wants." Brandeis describes how he saw himself as an advisor: Of course there is an immense amount of litigation going on and a great deal of the time of many lawyers is devoted to litigation. But by far the greater part of the work done by lawyers is not done in court at all, but in advising men in important matters, and mainly in business affairs. ... So, some of

2394-545: A public advocate was later explained in his 1911 book, The Opportunity in the Law : The public is often inadequately represented or wholly unrepresented. That presents a condition of great unfairness to the public. As a result, many bills pass in our legislatures which would not have become law if the public interest had been fairly represented.... Those of you who feel drawn to that profession may rest assured that you will find in it an opportunity for usefulness probably unequaled. There

2520-405: A record of good and bad political deeds, which would be open to all Boston voters. In one of his public addresses in 1903, he stated his goal: We want a government that will represent the laboring man, the professional man, the businessman, and the man of leisure. We want a good government, not because it is good business but because it is dishonorable to submit to a bad government. The great name,

2646-456: A remedy to maintain "rule of law" while combating plagiarism. On March 28, 2004 Lessig was elected to the FSF board of directors. He proposed the concept of " free culture ". He also supports free and open-source software and open spectrum . At his free culture keynote speech at the O'Reilly Open Source Convention 2002, a few minutes of his speech was about software patents , which he views as

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2772-402: A return a more decentralized economy. In 2019 Khan, Wu and others released a "Utah Statement" written at anti-monopoly conference meant as a codification of the movements' main principles. Another key neo-Brandeisian work is Goliath: The 100-Year War Between Monopoly Power and Democracy , by activist Matt Stoller , also published in 2019. The movement was perceived to grow in influence during

2898-776: A rising threat to free software , open source software , and innovation. In March 2006, Lessig joined the board of advisors of the Digital Universe project. A few months later, Lessig gave a talk on the ethics of the Free Culture Movement at the 2006 Wikimania conference. In December 2006, his lecture On Free, and the Differences between Culture and Code was one of the highlights at 23C3 Who can you trust? . According to Comedy Central, Lessig claimed in 2009 that because 70 percent of young people obtain digital information from illegal sources, laws should be changed. In

3024-494: A settlement with the school in the past, under confidential terms. He revealed his experiences in the course of representing another student victim, John Hardwicke, in court. In August 2006, he succeeded in persuading the New Jersey Supreme Court to radically restrict the scope of immunity, which had protected nonprofits that failed to prevent sexual abuse from legal liability. Lessig is married to Bettina Neuefeind,

3150-403: A speech in 2011, Lessig revealed that he was disappointed with Obama's performance in office, criticizing it as a "betrayal", and he criticized the president for using "the (Hillary) Clinton playbook". Lessig has called for state governments to call for a national Article V convention, including by supporting Wolf-PAC , a national organization attempting to call an Article V convention to address

3276-506: A supporter of net neutrality . In 2006, he testified before the U.S. Senate that he believed Congress should ratify Michael Powell 's four Internet freedoms and add a restriction to access-tiering, i.e., he does not believe content providers should be charged different amounts. The reason is that the Internet, under the neutral end-to-end design is an invaluable platform for innovation, and the economic benefit of innovation would be threatened if large corporations could purchase faster service to

3402-576: A takedown notice of one of Lessig's lectures on YouTube that had used the song " Lisztomania " by the band Phoenix , whom Liberation Music represents. Lessig sought damages under section 512(f) of the Digital Millennium Copyright Act , which holds parties liable for misrepresentations of infringement or removal of material. Lessig was represented by the Electronic Frontier Foundation and Jones Day . In February 2014,

3528-534: A web based project called " Change Congress ". In a press conference on March 20, 2008, Lessig explained that he hoped the Change Congress website would help provide technological tools voters could use to hold their representatives accountable and reduce the influence of money on politics. He is a board member of MAPLight.org , a nonprofit research group illuminating the connection between money and politics. Change Congress later became Fix Congress First , and

3654-549: Is "One of the most honest accounts of the battle to control the Internet -- and access to information itself." Richard von Busack of the Metro Silicon Valley , writes of Killswitch , "Some of the most lapidary use of found footage this side of The Atomic Café". Fred Swegles of the Orange County Register , remarks, "Anyone who values unfettered access to online information is apt to be captivated by Killswitch ,

3780-441: Is a call upon the legal profession to do a great work for this country. In one of his first such cases, in 1894, he represented Alice N. Lincoln, a Boston philanthropist and noted crusader for the poor. He appeared at public hearings to promote investigations into conditions in the public poorhouses. Lincoln, who had visited the poorhouses for years, saw inmates dwelling in misery and the temporarily unemployed thrown in together with

3906-491: Is ripe with potential for abuse. They have also argued that dominant tech platforms create high barriers for potential competitors and reduce bargaining power of individual merchants, content providers, and app developers. The movement advocates for market structures that prevent anti-competitive practices and would increase scrutiny of mergers, including vertical mergers . Proponents believe antitrust laws should focus less on short-term price effects of mergers and more on improving

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4032-630: Is that we should focus on the values of liberty. If there is not government to insist on those values, then who?" "The single unifying force should be that we govern ourselves." From 1999 to 2002, Lessig represented a high-profile challenge to the Sonny Bono Copyright Term Extension Act . Working with the Berkman Center for Internet and Society , Lessig led the team representing the plaintiff in Eldred v. Ashcroft . The plaintiff in

4158-586: The Biden administration , as compared to the prior Trump and Obama presidencies . In 2020, the American Economic Liberties Project (AELP) was founded by several neo-Brandeisians to support regulatory efforts and research, led by Sarah Miller . The Wall Street Journal described the movement as "a new generation of trustbusters " in 2021, arguing that it represented a shift away from a singular focus on perceived consumer welfare that began with

4284-533: The Chicago school of economics ). Instead, the New Brandeis movement advocates a broader antimonopoly approach that is concerned with private power, the structure of the economy and market conditions necessary to promote competition. The New Brandeis movement believes that centralized private power poses a danger to the economic and social conditions of democracy. Neo-Brandeisians believe, for example, that monopoly power

4410-682: The Democratic Party nomination for president of the United States in the 2016 election . Lessig pledged to seek the nomination if he raised one million dollars by Labor Day 2015. The announcement was widely reported in national media outlets, and was timed to coincide with a media blitz by the Lessig 2016 Campaign. Lessig was interviewed in The New York Times and Bloomberg . Campaign messages and Lessig's electoral finance reform positions were circulated widely on social media. His campaign

4536-822: The Eastern Bloc , where he acquired a lifelong interest in Eastern European law and politics. By the late 1980s, two influential conservative judges, Judge Richard Posner and Justice Antonin Scalia , selected him to serve as a law clerk , choosing him because they considered him brilliant, rather than for his ideology, and effectively making him the "token liberal" on their respective staffs. Later, Posner would call Lessig "the most distinguished law professor of his generation." Lessig remains skeptical of government intervention, but favors some regulation, calling himself "a constitutionalist". On one occasion, Lessig also commended

4662-481: The Harvard Law Review of December 15, 1890, on "The Right to Privacy." Stimulated by anger at offensive publicity concerning the social activities of Warren's family, it suggested a new legal concept that has had lasting influence. Building on diverse analogies in the law of defamation, of literary property, and of eavesdropping, Brandeis argued that the central, if unarticulated, interest protected in these fields

4788-469: The Harvard Law Review . The third, "The Right to Privacy," was the most important, with legal scholar Roscoe Pound saying it accomplished "nothing less than adding a chapter to our law." Brandeis and Warren discussed "snapshot photography," a recent innovation in journalism, that allowed newspapers to publish photographs and statements of individuals without obtaining their consent. They argued that private individuals were being continually injured and that

4914-523: The John McCain campaign for discussing fair use rights in a letter to YouTube where it took issue with YouTube for indulging overreaching copyright claims that led to the removal of various campaign videos. In computer science , "code" typically refers to the text of a computer program (the source code ). In law, "code" may refer to the texts that constitute statutory law . In his 1999 book entitled Code and Other Laws of Cyberspace , Lessig explores

5040-811: The Louisville Male High School at age 14 with the highest honors. When he was 16, the Louisville University of the Public Schools awarded him a gold medal for "excellence in all his studies." Anticipating an economic downturn, Adolph Brandeis relocated the family to Europe in 1872. After a period spent traveling, Louis spent two years studying at the Annenschule  [ de ] in Dresden , Germany, where he excelled. He later credited his capacity for critical thinking and his desire to study law in

5166-457: The MIT Media Lab following this discovery. After making supportive comments to Ito, Lessig wrote a Medium post in September 2019 to explain his stance. In his post, Lessig acknowledged that universities should not take donations from convicted criminals such as Epstein who had become wealthy through actions unrelated to their criminal convictions; however, if such donations were to be accepted, it

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5292-628: The Reagan administration and the ideas of Robert Bork . In 2021, the White House appointed Tim Wu , a prominent member of the movement at Columbia, to serve as special assistant to the President for Competition and Technology policy. The President in July 2021 signed a new Executive Order of Competition, which called for a reinvigoration of competition policy across government. Biden later nominated Jonathan Kanter,

5418-576: The Scientific American 50 Award for having "argued against interpretations of copyright that could stifle innovation and discourse online." In 2006, Lessig was elected to the American Academy of Arts and Sciences . In 2011, Lessig was named to the Fastcase 50 , "honoring the law's smartest, most courageous innovators, techies, visionaries, and leaders." Lessig was awarded honorary doctorates by

5544-685: The Stanford Center for Internet and Society . Lessig returned to Harvard in July 2009 as professor and director of the Edmond J. Safra Center for Ethics. In 2013, Lessig was appointed as the Roy L. Furman Professor of Law and Leadership at Harvard; his chair lecture was entitled "Aaron's Laws: Law and Justice in a Digital Age." Lessig is a proponent of reduced legal restrictions on copyright , trademark , and radio frequency spectrum, particularly in technology applications. In 2001, he founded Creative Commons ,

5670-656: The University of Chicago Law School , where he was professor from 1991 to 1997. As co-director of its Center for the Study of Constitutionalism in Eastern Europe, he helped the newly independent Republic of Georgia draft a constitution. From 1997 to 2000, he was at Harvard Law School , holding for a year the chair of Berkman Professor of Law, affiliated with the Berkman Klein Center for Internet & Society . He subsequently joined Stanford Law School , where he established

5796-473: The YMCA Youth and Government program, and almost pursued a Republican political career. Since studying philosophy at Cambridge in the mid-1980s, Lessig has been politically liberal . What was intended to be a year abroad at Cambridge convinced him instead to stay another two years to complete an undergraduate degree in philosophy and develop his changing political values. During this time, he also traveled in

5922-544: The Zionist movement later in his life. Louis grew up in "a family enamored with books, music, and politics, perhaps best typified by his revered uncle, Lewis Dembitz, a refined, educated man who served as a delegate to the Republican convention in 1860 that nominated Abraham Lincoln for president." In school, Louis was a serious student in languages and other basic courses and usually achieved top scores. Brandeis graduated from

6048-612: The Zionist movement , seeing it as a solution to antisemitism in Europe and Russia , while at the same time being a way to "revive sense of the Jewish spirit." When his family's finances became secure, he began devoting most of his time to public causes, and he was later dubbed the "People's Lawyer." He insisted on taking cases without pay so that he would be free to address the wider issues involved. The Economist magazine called him "A Robin Hood of

6174-523: The one person, one vote principle. The New Hampshire Rebellion is a walk to raise awareness about corruption in politics. The event began in 2014 with a 185-mile march in New Hampshire. In its second year the walk expanded to include other locations in New Hampshire. From January 11 to January 24, 2014, Lessig and many others, such as New York activist Jeff Kurzon , marched from Dixville Notch, New Hampshire to Nashua (a 185-mile march) to promote

6300-583: The 1970s, the Brandeisian view that high market concentration leads to anticompetitive behavior was sometimes called the Harvard School of thought because the view was primarily associated with Harvard University , including works by economists Edward Mason, Edward Chamberlain , and Joe Bain . In the early late 1970s, this view fell out of favor as the views of the Chicago School of thought rose, advocating

6426-489: The Democratic Party that precluded him from appearing in the televised debates. Lessig has emphasized in interviews that his study of philosophy at Cambridge radically changed his values and career path. Previously, he had held strong conservative or libertarian political views, desired a career in business, was a highly active member of Teenage Republicans , served as the 1978 youth governor for Pennsylvania through

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6552-638: The Faculty of Social Sciences at Lund University , Sweden in 2013 and by the Université catholique de Louvain in 2014. Lessig received the 2014 Webby Lifetime Achievement award for co-founding Creative Commons and defending net neutrality and the free and open software movement. In May 2005, it was revealed that Lessig had experienced sexual abuse by the director at the American Boychoir School , which he had attended as an adolescent. Lessig reached

6678-662: The Massachusetts plan to protect small wage-earners through savings bank life insurance . He supported the conservation movement; in 1910, he emerged as the chief figure in the Pinchot–Ballinger investigation , saying: "We may have democracy, or we may have wealth concentrated in the hands of a few, but we can't have both." In 1889, Brandeis entered a new phase in his legal career when his partner, Samuel Warren, withdrew from their partnership to take over his recently deceased father's paper company. Brandeis then took on cases with

6804-506: The New Hampshire Seacoast. The initial location also was chosen because of its important and visible role in the quadrennial "New Hampshire primaries", the traditional first primary of the presidential election. Lessig announced the launch of his long shot presidential campaign on September 6, 2015. On August 11, 2015, Lessig announced that he had launched an exploratory campaign for the purpose of exploring his prospects of winning

6930-527: The United States to attend law school. He did his first year at the University of Chicago Law School before transferring to Yale Law School , and graduated in 1989 with a JD degree. After graduation from law school, Lessig was a law clerk for Richard Posner of the U.S. Court of Appeals for the Seventh Circuit from 1989 to 1990, and then for Justice Antonin Scalia of the U.S. Supreme Court from 1990 to 1991. Lessig started his academic career at

7056-418: The United States to his time there. Returning to the U.S. in 1875, Brandeis entered Harvard Law School at the age of 18. His admiration for the wide learning and debating skills of his uncle, Lewis Dembitz, inspired him to study law. Despite the fact that he entered the school without any financial help from his family, he became "an extraordinary student". During his time at Harvard, the teaching of law

7182-517: The Washington, D.C. lobbying groups Public Knowledge and Free Press ; and the Electronic Frontier Foundation . He was elected to the American Philosophical Society in 2007. As a political activist, Lessig has called for state-based activism to promote substantive reform of government with a Second Constitutional Convention . In May 2014, he launched a crowd-funded political action committee that he entitled, Mayday PAC , with

7308-430: The ablest American lawyers of this generation, after acting as professional advisers of great corporations, became finally their managers. Brandeis was unusual among lawyers since he always turned away cases he considered bad. If he believed a client to be in the wrong, he would persuade his clients to make amends, otherwise he would withdraw from the case. Once, uncertain as to the rightness of his client's case, he wrote

7434-559: The aegis of EqualCitizens.US to provide pro bono legal counsel as well as a secure communications platform for those of the 538 members of the United States Electoral College regarding a vote of conscience against Donald Trump in the presidential election . Lessig hosts the podcast "Another Way" in conjunction with The Young Turks Network. Lessig came out in favor of a "right to warn" proposed by former OpenAI employees that would protect their right to warn

7560-645: The antitrust movement at the turn of the century, particularly in his resistance to the monopolization of the New England railroad and advice to Woodrow Wilson as a candidate. In his books, articles and speeches, including Other People's Money and How the Bankers Use It , and The Curse of Bigness , he criticized the power of large banks, money trusts, powerful corporations, monopolies, public corruption, and mass consumerism, all of which he felt were detrimental to American values and culture. He later became active in

7686-633: The appointment of Neo-Brandeisian "troika" of Tim Wu, Lina Khan, and Jonathan Kanter, the U.S. government has reformed the review of mergers, reinvigorated pro-competitive rulemakings in non-antitrust agencies, blocked several high profile mergers like JetBlue / Spirit and Penguin / S&S and taken tech platform Google to trial in the first major monopolization case of the 21st century. The movement has also experienced some setbacks, including at least one loss against Facebook in court. Louis Brandeis Louis Dembitz Brandeis ( / ˈ b r æ n d aɪ s / ; November 13, 1856 – October 5, 1941)

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7812-581: The bill would be a first step towards mitigating the severe risks posed by AI, and "the bare minimum for effective regulation of this technology". Lessig said that Gavin Newsom , the Governor of California, would have the opportunity to "cement California as a national first-mover in regulating AI." At the iCommons iSummit 07, Lessig announced that he would stop focusing his attention on copyright and related matters in order to work on political corruption instead, as

7938-472: The case ended with a settlement in which Liberation Music admitted wrongdoing in issuing the takedown notice, issued an apology, and paid a confidential sum in compensation. In October 2014, Killswitch , a film featuring Lawrence Lessig, as well as Aaron Swartz , Tim Wu , and Edward Snowden received its World Premiere at the Woodstock Film Festival , where it won the award for Best Editing. In

8064-931: The case was joined by a group of publishers who frequently published work in the public domain and a large number of amici including the Free Software Foundation , the American Association of Law Libraries , the Bureau of National Affairs , and the College Art Association . In March 2003, Lessig acknowledged severe disappointment with his Supreme Court defeat in the Eldred copyright-extension case, where he unsuccessfully tried to convince Chief Justice William Rehnquist, who had sympathies for de-regulation, to back his "market-based" approach to intellectual property regulation. In August 2013, Lawrence Lessig brought suit against Liberation Music PTY Ltd., after Liberation issued

8190-404: The client, "The position that I should take if I remained in the case would be to give everybody a square deal." Brandeis and Warren's firm has been in continuous practice in Boston since its founding in 1879; the firm is known as Nutter McClennen & Fish . Brandeis defined modern notions of the individual right to privacy in a path-breaking article he published with his partner, Warren, in

8316-426: The continuing success of his law practice, they later purchased a vacation house in Dedham , where they would spend many of their weekends and summer vacations. Unexpectedly, his wife's health soon became frail, and so in addition to his professional duties, he found it necessary to manage the family's domestic affairs. They shunned the more luxurious ways of their class, holding few formal dinner parties and avoiding

8442-500: The demands of society. The press is overstepping in every direction the obvious bounds of propriety and of decency. Gossip is no longer the resource of the idle and of the vicious, but has become a trade, which is pursued with industry, as well as effrontery. To satisfy a prurient taste the details of sexual relations are spread broadcast in the columns of the daily papers. ... The intensity and complexity of life, attendant upon advancing civilization, have rendered necessary some retreat from

8568-422: The detriment of newer companies with less capital. However, Lessig has supported the idea of allowing ISPs to give consumers the option of different tiers of service at different prices. He was reported on CBC News as saying that he has always been in favour of allowing internet providers to charge differently for consumer access at different speeds. He said, "Now, no doubt, my position might be wrong. Some friends in

8694-449: The electoral college should be the body that decides whether Donald Trump engaged in insurrection under the U.S. Constitution. He explained that it was better "that the college called into being for the sole purpose of selecting a president decide the matter than for sitting politicians or state officials." In 2002, Lessig received the Award for the Advancement of Free Software from the Free Software Foundation (FSF). He also received

8820-457: The end of his campaign on November 2, 2015. In 2017, Lessig announced a movement to challenge the winner-take-all Electoral College vote allocation in the various states, called Equal Votes . Lessig was also a counsel for electors in the Supreme Court case Chiafalo v. Washington where the court decided states could force electors to follow the popular vote for their state. In 2023, Lessig wrote an editorial in Slate suggesting that

8946-522: The existence of these gray hairs." Brandeis became a leader of the Progressive movement , and he used the law as the instrument for social change. From 1897 to 1916, he was heavily involved with multiple reform crusades. He fought in Boston to secure honest traction franchises and, in 1907 launched a six-year fight to prevent the banker J. P. Morgan , who acquired the New York, New Haven and Hartford Railroad , from monopolizing New England 's railroads. After an exposé of insurance fraud in 1906, he devised

9072-411: The film, Lessig frames the story of two young hacktivists, Swartz and Snowden, who symbolize the disruptive and dynamic nature of the Internet. The film reveals the emotional bond between Lessig and Swartz, and how it was Swartz (the mentee) who challenged Lessig (the mentor) to engage in the political activism that has led to Lessig's crusade for campaign finance reform . In February 2015, Killswitch

9198-528: The first "NeoBrandeisian" movement arose in the late 1930s. In reaction to the failures of the first New Deal a group headed by Harvard Professor Felix Frankfurter advanced ideas of economic decentralization and renewed antitrust enforcement. These ideas came to be influential during the late 1930s and onward, during the so-called "Second" New Deal. Prominent individuals associated with the movement included Robert H. Jackson , Benjamin V. Cohen , William O. Douglas , and Thurman Arnold . From World War II until

9324-548: The former director of the Edmond J. Safra Center for Ethics at Harvard University . He is the founder of Creative Commons and of Equal Citizens . Lessig was a candidate for the Democratic Party 's nomination for president of the United States in the 2016 U.S. presidential election but withdrew before the primaries. Lessig was born on June 3, 1961, in Rapid City, South Dakota to Lester Lawrence "Jack" Lessig II (1929–2020) who

9450-499: The glory of Boston, is in our keeping. In 1906, Brandeis won a modest victory when the state legislature enacted a measure he drafted designed to make it a punishable crime for a public official to solicit a job from a regulated public utility or for an officer of such a company to offer such favors. His anti-corruption philosophy was included in his closing argument for the Glavis-Ballinger case of 1910, in which he stated that

9576-459: The growing number of giant companies which were capable of dominating whole industries. He began to lose faith that the economic system was able to regulate them for the public's welfare. As a result, he denounced "cut-throat competition" and worried about monopolies. He also became concerned about the plight of workers and was more sympathetic to the labor movement. His earlier legal battles had convinced him that concentrated economic power could have

9702-586: The hands of a few, but we can’t have both.” In the 2010s, the New Brandeis theory was popularized by legal scholars Lina Khan and Tim Wu , both of Columbia University . Khan published an article about the negative effects of monopoly power by the company Amazon . The theory would heighten scrutiny of large company mergers. Wu published The Curse of Bigness: Antitrust in the New Golden Age in 2018, which criticized antitrust's drift from its historic origins, introduced Brandeis' life and ideals, and advocated

9828-549: The happiest of my life. I worked! For me, the world's center was Cambridge." After graduation, he stayed on at Harvard for another year, where he continued to study law on his own while also earning a small income by tutoring other law students. In 1878, he was admitted to the Missouri bar and accepted a job with a law firm in St. Louis, where he filed his first brief and published his first law review article. After seven months, he tired of

9954-463: The help of colleagues, two of whom became partners in 1897 in his new firm: Brandeis, Dunbar, and Nutter. He won his first important victory in 1891, when he persuaded the Massachusetts legislature to make the liquor laws less restrictive and thereby more reasonable and enforceable. He suggested a viable "middle course": by moderating the existing regulations, he told the lawmakers that they would remove liquor dealers' incentive to violate or to corrupt

10080-542: The highest ideals as to morals and love. God has blessed my endeavors. According to biographer Melvin Urofsky , Brandeis was influenced greatly by his uncle Lewis Naphtali Dembitz . Unlike other members of the extended Brandeis family, Dembitz regularly practiced Judaism and was actively involved in Zionist activities. Brandeis later changed his middle name from David to Dembitz in honor of his uncle, and through his uncle's model of social activism, became an active member of

10206-486: The idea of tackling "the systemic corruption in Washington". Lessig chose this language over the related term "campaign finance reform", commenting that "Saying we need campaign finance reform is like referring to an alcoholic as someone who has a liquid intake problem." The walk was to continue the work of New Hampshire native Doris "Granny D" Haddock , and in honor of deceased activist Aaron Swartz . The New Hampshire Rebellion marched 16 miles from Hampton to New Castle on

10332-400: The influence of Chief Justice Gray." The new firm was eventually successful, having gained new clients from within the state and in several neighboring states as well. Their former professors referred a number of clients to the firm, garnering Brandeis more financial security and eventually the freedom to take an active role in progressive causes. As a partner in his law firm, he worked as

10458-613: The late 2010s, the movement takes inspiration from former US Supreme Court justice Louis Brandeis , who was a prominent anti-monopolist. Brandeis believed that antitrust action should prevent any one company from maintaining too much power over the economy because monopolies were harmful to innovation, business vitality, and the welfare of workers. He described "The Curse of Bigness," believing that large profitable firms use their money to influence politics and create further consolidation and dominance, once stating, “We can have democracy in this country, or we can have great wealth concentrated in

10584-485: The law." Among his notable early cases were actions fighting railroad monopolies, defending workplace and labor laws , helping create the Federal Reserve System , and presenting ideas for the new Federal Trade Commission . He achieved recognition by submitting a case brief, later called the " Brandeis brief ", which relied on expert testimony from people in other professions to support his case, thereby setting

10710-426: The laws. The legislature was won over by his arguments and changed the regulations. Brandeis wrote that "the law has everywhere a tendency to lag behind the facts of life." He chipped away at assumptions that legal principles should never be changed. He worked to break the traditional hold on legal thinking to make laws that met the needs of the changing community. Part of his reasoning and philosophy for acting as

10836-469: The luxury hotels when they traveled. Brandeis would never fit the stereotype of the wealthy man. Although he belonged to a polo club, he never played polo. He owned no yacht, just a canoe that he would paddle by himself on the fast-flowing river that adjoined his cottage in Dedham. He wrote to his brother of his brief trips to Dedham: "Dedham is a spring of eternal youth for me. I feel newly made and ready to deny

10962-579: The market conditions necessary to promote real competition. Individuals who have been described as being associated with the movement include Lina Khan , Tim Wu , Jonathan Kanter , and Barry Lynn . Senators Cory Booker , Amy Klobuchar and Elizabeth Warren have been described as allies of the movement, and have called on the United States Department of Justice Antitrust Division and Federal Trade Commission to focus their enforcement efforts more on helping workers. The movement has since been

11088-404: The mentally ill as well as hardened criminals. Brandeis spent nine months and held fifty-seven public hearings, at one such hearing proclaiming, "Men are not bad. Men are degraded largely by circumstances.... It is the duty of every man... to help them up and let them feel that there is some hope for them in life." As a result of the hearings, the board of aldermen decreed that the administration of

11214-462: The minor casework and accepted an offer by his Harvard classmate, Samuel D. Warren II , to set up a law firm in Boston . They were close friends at Harvard, where Warren ranked second in the class to Brandeis's first. Warren also came from a wealthy Boston family and their new firm benefitted from his family's connections. Soon after returning to Boston, while waiting for the law firm to gain clients, he

11340-545: The nation on a legal trajectory of such profound magnitude that it finally transcended its humble beginnings." State courts and legislatures quickly drew on Brandeis and Warren's work. In 1905 the Georgia Supreme Court recognized a right to privacy in a case involving a photograph of the plaintiff published without his consent in an advertisement with a misattributed quotation. By 1909, California, New York, Pennsylvania, Virginia, and Utah had passed statutes establishing

11466-482: The network neutrality movement as well as some scholars believe it is wrong—that it doesn't go far enough. But the suggestion that the position is 'recent' is baseless. If I'm wrong, I've always been wrong." Despite presenting an anti-regulatory standpoint in many fora, Lessig still sees the need for legislative enforcement of copyright. He has called for limiting copyright terms for creative professionals to five years, but believes that since many of them are independent,

11592-511: The payrolls of the private transit companies. One alderman gave jobs to 200 of his followers. In Boston and other cities, such abuses were part of the corruption in which graft and bribery were common, and in some cases, even newly freed felons resumed their political careers. "Always the moralist," writes biographer Thomas Mason, "Brandeis declared that 'misgovernment in Boston had reached the danger point. ' " He declared that from then on he would keep

11718-428: The poor law would be completely reorganized. In 1896, he was asked to lead the fight against a Boston transit company, which was trying to gain concessions from the state legislature that would have given it control over the city's emerging subway system. Brandeis prevailed, and the legislature enacted his bill. The transit franchise struggle revealed that many of Boston's politicians had placed political friends on

11844-445: The practice weakened the "moral standards of society as a whole." They wrote: That the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection. Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth, grows to meet

11970-517: The problem. The convention Lessig supports would be populated by a "random proportional selection of citizens" which he suggested would work effectively. He said "politics is a rare sport where the amateur is better than the professional." He promoted this idea at a September 24–25, 2011, conference he co-chaired with the Tea Party Patriots ' national coordinator, in Lessig's October 5, 2011, book, Republic, Lost : How Money Corrupts Congress—and

12096-442: The public of the catastrophic risks of AI . Lessig also agreed to work pro bono in defense of the whistleblowers. In August 2024, Lessig co-authored a letter alongside AI researchers Yoshua Bengio , Geoffrey Hinton , and Stuart Russell in favor of SB 1047 , a California AI safety bill that would require companies training the most powerful models to perform risk assessments on their models before release. The letter argued that

12222-491: The public servant "cannot be worthy of the respect and admiration of the people unless they add to the virtue of obedience some other virtues—the virtues of manliness, of truth, of courage, of willingness to risk positions, of the willingness to risk criticism, of the willingness to risk the misunderstanding that so often comes when people do the heroic thing." In the 1890s, Brandeis began to question his views on American industrialism, write Klebanow and Jonas. He became aware of

12348-671: The purpose of electing candidates to Congress who would pass campaign finance reform . Lessig is also the co-founder of Rootstrikers , and is on the boards of MapLight and Represent.Us . He serves on the advisory boards of the Democracy Café and the Sunlight Foundation . In August 2015, Lessig announced that he was exploring a possible candidacy for president of the United States, promising to run if his exploratory committee raised $ 1 million by Labor Day . After accomplishing this, on September 6, 2015, Lessig announced that he

12474-493: The result of a transformative conversation with Aaron Swartz , a young internet prodigy whom Lessig met through his work with Creative Commons . This new work was partially facilitated through his wiki , Lessig Wiki, through which he has encouraged the public to document cases of corruption. Lessig criticized the revolving-door phenomenon in which legislators and staffers leave office to become lobbyists and after having become beholden to special interests. In February 2008,

12600-538: The right to privacy ever written by a member of the Supreme Court. Some have criticized Brandeis for evading issues related to African-Americans, as he did not author a single opinion on any cases about race during his twenty-three year tenure, and he consistently voted with the Supreme Court majority including in support of racial segregation . Louis David Brandeis was born on November 13, 1856, in Louisville, Kentucky ,

12726-634: The right. In 1939 the American Law Institute 's Restatement of Torts also recognized a right to privacy at common law. Years later, after becoming a justice of the Supreme Court, Brandeis discussed the right to privacy in his famous dissenting opinion in Olmstead v. United States . In 1890, Brandeis became engaged to his second cousin Alice Goldmark, of New York. He was then 34 years of age and had previously found little time for courtship. Alice

12852-540: The role of a judge. In a letter while at Harvard, he wrote of his "desperate longing for more law" and of the "almost ridiculous pleasure which the discovery or invention of a legal theory gives me." He referred to the law as his "mistress," holding a grip on him that he could not break. His eyesight began failing as a result of the large volume of required reading and the poor visibility under gaslights . The school doctors suggested he give up school entirely. He found another alternative: paying fellow law students to read

12978-459: The subject of both academic conferences, research papers, and academic journals. Critics of the New Brandeis movement believe that promoting competition for its own sake causes inefficient producers to stay in business, preferring a litigation approach based on empirical evidence. The term "hipster antitrust" originally began as a Twitter hashtag , and rose to prominence when Senator Orrin Hatch used

13104-632: The term as a typical American president and act on a variety of issues. In October 2015, Lessig abandoned his automatic resignation plan and adopted a full policy platform for the presidency, although he did retain the passage of the Citizen Equality Act as his primary legislative objective. Lessig made a single campaign stop in Iowa, with an eye toward the first-in-the-nation precinct caucuses: at Dordt College, in Sioux Center, in late October. He announced

13230-537: The term during multiple speeches on the United States Senate floor. Matt Levine of Bloomberg News has written that the term hipster antitrust "appeals to nostalgia for old-fashioned antitrust enforcement". Some proponents of the movement believe the term is pejorative. The term was coined by Konstantin Medvedovsky , an attorney at Dechert , and popularized by disgraced former Federal Trade Commissioner Joshua D. Wright . As documented by historian Ellis Hawley,

13356-409: The textbooks aloud, while he tried to memorize the legal principles. Despite the difficulties, his academic work and memorization talents were impressive. He graduated in 1877 as valedictorian and was elected to Phi Beta Kappa . Brandeis achieved the highest grade point average in the history of the school, a record that stood for eight decades. Brandeis said of that period: "Those years were among

13482-461: The ways in which code can be instruments for social control in both senses, leading to his dictum that "Code is law". Lessig later updated his work in order to keep up with the prevailing views of the time and released the book as Code: Version 2.0 in December 2006. Lessig has been a proponent of the remix culture since the early 2000s. In his 2008 book entitled, Remix , he presents this as

13608-595: The work of creative professionals would become more easily and quickly available if a bureaucratic procedure were introduced to renew trademarks for up to 75 years after this five-year term. Lessig has repeatedly taken a stance that privatization through legislation such as that seen in the 1980s in the UK with British Telecommunications is not the best way to help the Internet grow. He said, "When government disappears, it's not as if paradise will take its place. When governments are gone, other interests will take their place", "My claim

13734-445: The world, and man, under the refining influence of culture, has become more sensitive to publicity, so that solitude and privacy have become more essential to the individual; but modern enterprise and invention have, through invasions upon his privacy, subjected him to mental pain and distress, far greater than could be inflicted by mere bodily injury. Legal historian Wayne McIntosh wrote that "the privacy tort of Brandeis and Warren set

13860-458: The writings of Goethe and Schiller , and his favorite composers were Beethoven and Schumann . In their religious beliefs, although his family was Jewish, only his extended family practiced a more conservative form of Judaism, while his parents practiced the split-off movement of Frankism . They celebrated the main Christian holidays along with most of their community, treating Christmas as

13986-654: The youngest of four children, and raised in a secular Jewish household. His parents, Adolph Brandeis and Frederika Dembitz, both of whom were Frankist Jews , immigrated to the United States from their childhood homes in Prague , Bohemia (then part of the Austrian Empire , and now part of the Czech Republic). They emigrated as part of their extended families for both economic and political reasons. His extended family included Dante scholar Irma Brandeis , whose father

14112-565: Was Brandeis' second cousin. The Revolutions of 1848 had produced a series of political upheavals and the families, though politically liberal and sympathetic to the rebels, were shocked by the antisemitic riots that erupted in Prague while the rebels controlled it. In addition, the Habsburg Empire had imposed business taxes on Jews. Family elders sent Adolph Brandeis to America to observe and prepare for his family's possible emigration. He spent

14238-411: Was an American lawyer who served as an associate justice on the Supreme Court of the United States from 1916 to 1939. Starting in 1890, he helped develop the " right to privacy " concept by writing a Harvard Law Review article of that title , and was thereby credited by legal scholar Roscoe Pound as having accomplished "nothing less than adding a chapter to our law." He was a leading figure in

14364-524: Was an engineer and Patricia "Pat" West Lessig (1930–2019), a real estate agent. He has two older step-siblings, Robert (died 2019) and Kitty, and a younger biological sister, Leslie. He grew up in Williamsport, Pennsylvania . He graduated from the University of Pennsylvania in 1983 with a double degree BA in economics and a BS in management. He then studied philosophy at Trinity College, Cambridge , receiving an MA in 1986. Lessig then returned to

14490-438: Was an interest in personal integrity, "the right to be let alone," that ought to be secured against invasion except for some compelling reason of public welfare. Brandeis saw emotions as a positive expression of human nature, and so desired privacy protection for them as protection against repression of the human spirit. Between 1888 and 1890, Brandeis and his law partner, Samuel Warren, wrote three scholarly articles published in

14616-519: Was appointed law clerk to Horace Gray , the chief justice of the Massachusetts Supreme Court , where he worked for two years. He was admitted to the Massachusetts bar without taking an examination, which he later wrote to his brother, was "contrary to all principle and precedent." According to Klebanow and Jonas, "the speed with which he was admitted probably was due to his high standing with his former professors at Harvard Law, as well as to

14742-467: Was based on a statement he had made to the Times . Lessig took issue with the headline overlooking his argument that MIT should not accept such donations in the first place and also criticized the first two lines of the article which read "It is hard to defend soliciting donations from the convicted sex offender Jeffrey Epstein. But Lawrence Lessig, a Harvard Law professor, has been trying." He subsequently accused

14868-475: Was better to take them secretly rather than publicly connect the university to the criminal. Lessig's essay drew criticism, and about a week later, Nellie Bowles of The New York Times had an interview with Lessig in which he reiterated his stance related to such donations broadly. The article used the headline "A Harvard Professor Doubles Down: If You Take Epstein’s Money, Do It in Secret", which Lessig confirmed

14994-514: Was creating mammoth companies, which he felt threatened the well-being of millions of Americans. Although the Sherman Antitrust Act was enacted in 1890, it was not until the 20th century that there was any major effort to apply it. Lawrence Lessig Lester Lawrence " Larry " Lessig III (born June 3, 1961) is an American legal scholar and political activist . He is the Roy L. Furman Professor of Law at Harvard Law School and

15120-581: Was dangerous because he was incorruptible ... [and] the fears of the Establishment were greater because Brandeis was the first Jew to be named to the Court." On June 1, 1916, he was confirmed by the Senate by a vote of 47 to 22, to become one of the most famous and influential figures ever to serve on the high court. His opinions were, according to legal scholars, some of the "greatest defenses" of freedom of speech and

15246-408: Was entering the race to become a candidate for the 2016 Democratic Party presidential nomination . Lessig described his candidacy as a referendum on campaign finance reform and electoral reform legislation. He stated that, if elected, he would serve a full term as president with his proposed reforms as his legislative priorities. He ended his campaign in November 2015, citing rule changes from

15372-517: Was finally named Rootstrikers . In November 2011, Lessig announced that Rootstrikers would join forces with Dylan Ratigan 's Get Money Out campaign, under the umbrella of the United Republic organization. Rootstrikers subsequently came under the aegis of Demand Progress , an organization co-founded by Aaron Swartz. In 2010, Lessig began to organize for a national Article V convention. He co-founded Fix Congress First! with Joe Trippi . In

15498-412: Was focused on a single issue: The Citizen Equality Act , a proposal that couples campaign finance reform with other laws aimed at curbing gerrymandering and ensuring voting access . As an expression of his commitment to the proposal, Lessig initially promised to resign once the Citizen Equality Act became law and turn the presidency over to his vice president, who would then serve out the remainder of

15624-553: Was invited to be screened at the Capitol Visitor's Center in Washington, D.C., by Congressman Alan Grayson . The event was held on the eve of the Federal Communications Commission's historic decision on Net Neutrality . Lessig, Congressman Grayson, and Free Press CEO Craig Aaron spoke about the importance of protecting net neutrality and the free and open Internet. Congressman Grayson states that Killswitch

15750-706: Was the daughter of Joseph Goldmark , a physician who had immigrated to America from Austria-Hungary after the collapse of the Revolution of 1848 . They were married on March 23, 1891, at the home of her parents in New York City in a civil ceremony. The newlywed couple moved into a modest home in Boston's Beacon Hill district and had two daughters, Susan Brandeis Gilbert, born in 1893, and Elizabeth Brandeis Rauschenbush, born in 1896. Alice supported her husband's resolve to devote most of his time to public causes. The Brandeis family "lived well but without extravagance." With

15876-464: Was undergoing a change of method from the traditional, memorization-reliant, "black-letter" case law, to a more flexible and interactive Socratic method , using the casebook method to instruct students in legal reasoning. Brandeis easily adapted to the new methods, becoming active in class discussions, and joined the Pow-Wow club, similar to today's moot courts in law school, which gave him experience in

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