Quote:
Originally Posted by Giggleton
The book describes the jurisprudence of first amendment law.....
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Whoever wrote it, presumably ignored pretty much all of the case law relating to copyright in the US. There is absolutely no doubt that a) copyright is constitutional, b) the First Amendment was not in any way, shape or form intended to outlaw copyright, and 3) copyright does not "restrict expression" in any except the most broad possible definition of the phrase.
Fun fact: The preambulatory phrase about "promoting arts and sciences" is no longer seen as binding, much in the same way the courts no longer view membership in a militia as a prerequisite for gun ownership. IIRC the claim wasn't even presented in
Eldred v Ashcroft, which did try (and failed) to assert that adding time to an existing copyright duration violated the First Amendment.