Tushnet then responded, and the exchange was covered by Concurring Opinions.

• Cato Institute
• Eagle Forum
• Electronic Frontier Foundation
• H. Tomas Gomez-Arostegui and Tyler T. Ochoa: [not posted yet]
• Information Society Project at Yale Law School
• Professor Daniel J. Gervais: [not posted yet]
• Public Knowledge

Today, professors and fellows associated with the Information Society Project at Yale Law School filed an amicus brief in Golan v. Holder, a case that will be heard before the United States Supreme Court this fall. In this brief, we argue that the Court should apply strict First Amendment scrutiny to Section 514 of the Uruguay Round Agreements Act, a law that allows works to be taken out of the public domain and placed back under copyright protection. Although the plaintiffs in this case had stipulated that intermediate scrutiny was the appropriate standard of review under the First Amendment, we argue that when Congress abrogates a central constitutional privilege—as it has done here, by stripping away a traditional speech-protective contour of copyright law—Congress must satisfy a more rigorous standard of review.

We’ll have more to say over the coming months about this brief and the significance of Golan v. Holder, but for now, please read and share the brief: http://yaleisp.org/wp-content/uploads/2011/06/Golan-Amicus-Brief-filed.pdf