Does an Anti-Piracy Plan Quash the First Amendment?

Does an Anti-Piracy Plan Quash the First Amendment?- "Does fair use entitle the scholar, reporter or others to gain access to the copyrighted work in the first place? It's at the heart of a closely-watched copyright and First Amendment case winding its way through the federal appeals maze." By Carl S. Kaplan. [New York Times] [Free registration required.]