Marc Randazza is a First Amendment attorney
A recent opinion piece he wrote regarding Rush Limbaugh can be found at CNN here. Marc’s been influential in promoting Anti-SLAPP legislation:
SLAPP [Strategic Lawsuits Against Public Participation] suits are brought by people who know very well that they will never prevail in the case. Bringing the case is their punishment of those who criticize them. You do not really have freedom of expression without an anti-SLAPP law on the books in your state.
SLAPP lawsuits are simply another way to stifle free speech.
And regarding Fair Use (of copyrighted material):
My grievance with Righthavenwas that it really took the concept of copyright, as being a thing to protect creative expression, and simply turned it into a money-generating machine, and more offensively, it did so without regard for fair use. As a First Amendment attorney, the most important part of the Copyright Act, to me, is Section 107 that protects fair use. You must have fair use in order to have free speech. Otherwise, you can simply use copyright to privately stifle that which the government never could. I found it objectionable that Righthaven was suing people for what was clear fair use with no regard for it whatsoever.
In a time when morals take a second (or worse) place in the Justice system, it’s good to know there’s still a few guys like Marc around.