[dvd-discuss] Citing 2600 to win Eldred

[Bryan Taylor <bryan_w_taylor(at)yahoo.com>]

I was looking through the amicus briefs submitted to the SC in the Eldred case:
http://cyber.law.harvard.edu/openlaw/eldredvashcroft/legal.html

And found a really interesting point made by the ConLaw profs...
http://cyber.law.harvard.edu/openlaw/eldredvashcroft/supct/amici/conlawprofs.pdf

Basically, they cite the 2600 Corley case's lengthly first amendment analysis
not for what it says, but just for the fact that it exists to refute the DC
Circuit's claim that Copyright statutes enjoy categorical immunity from 1st
Amendment Scrutiny.

<quote Balkin et al, p4-5>
Because copyright law imposes selective
prohibitions on communication, often at the expense of
significant public discussion, it should be subject to
heightened First Amendment scrutiny. This was the
approach recently taken by the Court of Appeals for the
Second Circuit in Universal City Studios, Inc. v. Corley,
273 F.3d 429 (2d Cir. 2001), which upheld Section
1201(a)(2) of the Copyright Act only after carefully
subjecting that provision to heightened First Amendment
scrutiny, id. at 454-55, applying the standard of review
established by this Court in Turner Broadcasting System,
Inc. v. FCC, 512 U.S. 622, 661-62 (1994) (“Turner I”).
<quote>


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