The author proposes a novel approach to the resolution of conflicts between a copyright holder's interests and the public's first amendment right to receive information of public interest and concern. Rejection of customary balancing is advocated in favor of a more workable and predictable method of dealing with highly complex and potentially volatile conflicts.
Copyright and the First Amendment,
33 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol33/iss1/9