The First Amendment
Contents
Place in the Framework
The First Amendment limits antitrust liability for petitioning, advocacy, and other protected expression even when the conduct has competitive consequences.
Core Questions
- Is the challenged conduct protected petitioning or advocacy?
- Does Noerr-Pennington immunity apply?
- Is the petitioning a sham or otherwise outside protected activity?
Working Notes
Add notes here on Noerr-Pennington doctrine, sham litigation, political activity, standard-setting, and the boundary between protected speech and anticompetitive agreement.