A Good and Bad Week for Free Speech - The Chronicle Review - The Chronicle of Higher Education

"In a 6-2 opinion [in Golan v. Holder] written by Justice Ruth Bader Ginsburg (with Justices Stephen G. Breyer and Samuel A. Alito Jr. dissenting), the court found that "[n]either the Copyright and Patent Clause nor the First Amendment ... makes the public domain, in any and all cases, a territory that works may never exit." I should make clear that I have no claim to objectivity in this case. I was one of the lawyers who represented the plaintiffs in Golan, and, more to the point, I have long believed that copyright restoration is both unlawful and bad policy. The court's opinion in Golan hasn't convinced me otherwise...."