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Lawrence Lessig

b. 1961 Tier II

The Teenage Republican who lost the copyright case and blamed himself

Portrait of Lawrence Lessig
lessig — 2024-10-18 — CC BY 3.0 via Wikimedia Commons

He grew up in Williamsport, Pennsylvania, the son of an engineer and a real-estate agent, and spent his adolescence as a serious Republican: Teenage Republicans, Pennsylvania's youth governor in 1978 through the YMCA program, a business career in view. A year abroad at Cambridge became three, and philosophy took the politics apart. He came back a liberal, went to Yale Law, and graduated in 1989. Two of the most conservative judges in the country then hired him anyway, Richard Posner on the Seventh Circuit and Antonin Scalia at the Supreme Court, choosing him for ability rather than agreement and installing him as the token liberal in chambers. Posner later called him the most distinguished law professor of his generation.

He taught at Chicago from 1991, helped the new Republic of Georgia draft a constitution, and in 1997 was appointed special master in the government's antitrust case against Microsoft, an appointment the D.C. Circuit vacated as exceeding the statute before turning around and asking him for a brief. Code and Other Laws of Cyberspace, in 1999, argued that software architecture regulates conduct as surely as statutes do, and compressed into a slogan: code is law. He founded Creative Commons in 2001 so that authors could license their work without hiring anyone. Free Culture followed in 2004 and Remix in 2008. Then he changed subjects. After talking with Aaron Swartz he turned from copyright to political corruption and wrote Republic, Lost in 2011.

He set out to fix copyright in court and lost. From 1999 he led the challenge to the Sonny Bono Copyright Term Extension Act, and in March 2003 the Supreme Court ruled against him. He said afterward that he had built the case around a market-based argument pitched at Chief Justice Rehnquist's taste for deregulation, and that the choice was his. The second act went much the same way. Mayday PAC, launched in 2014 to spend big money against big money, raised nearly 11 million dollars and watched seven of the eight non-incumbents it backed lose. In 2019 he defended MIT's handling of Jeffrey Epstein's money by arguing that if such donations are taken at all they should be taken in secret, sued the New York Times over its headline, and dropped the suit after the paper changed it.

One fight he won outright was personal. In 2005, while representing another former student, he disclosed that the director of the American Boychoir School had abused him as a boy. In August 2006 he persuaded the New Jersey Supreme Court to strip away much of the immunity shielding nonprofits from liability for failing to stop abuse. The rest stays open. He ran for the Democratic nomination in 2015 as a single-issue referendum candidate and withdrew that November when a debate-rule change locked him out. In 2020 he argued the faithless-elector case and lost 9 to 0. Creative Commons, the workaround he built after losing in court, is ordinary infrastructure. He was still teaching at Harvard Law in 2026.

Lifespan

15401700180019002030

Lawrence Lessig's life against the full span of the corpus — the fading end marks a life still in progress.

Notable works

  • Code and Other Laws of Cyberspace book
    Code is law. Revised as Code: Version 2.0 in 2006
    1999
  • Creative Commons company
    Licenses letting authors release work on their own terms
    2001
  • The Future of Ideas book
    Written in the shadow of the case he was about to lose
    2001
  • Free Culture book
    The argument he could not win at the Supreme Court, made to everyone else
    2004
  • Republic, Lost book
    The turn from copyright to money in politics
    2011
  • How to Steal a Presidential Election book
    On the legal machinery that could overturn a result
    2024

Life in brief

with age at each point
  • 1978 aged ~17 Serves as Pennsylvania's youth governor through the YMCA program He was an active Teenage Republican and nearly went into Republican politics.
  • 1986 aged ~25 Takes a philosophy degree at Cambridge that changes his politics A year abroad turned into three, with travel in the Eastern Bloc.
  • 1989 aged ~28 Graduates from Yale Law and clerks for Judge Richard Posner Justice Antonin Scalia hired him the following year.
  • 1997 aged ~36 Appointed special master in United States v. Microsoft The D.C. Circuit vacated the appointment, then asked him for an amicus brief instead.
  • 2001 aged ~40 Founds Creative Commons
  • March 2003 aged 41 Loses Eldred v. Ashcroft at the Supreme Court He said the strategy had been his and that he had aimed it at the wrong justice.
  • August 2006 aged 45 Wins a New Jersey ruling narrowing charitable immunity in abuse cases He had disclosed the year before that he was abused at the American Boychoir School.
  • November 2, 2015 aged 54 Withdraws from the Democratic presidential race A change in the debate participation rules had shut him out.
  • July 6, 2020 aged 59 The Supreme Court rejects his faithless-elector argument, 9 to 0

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Contemporaries

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