We have already mentioned that one of the scholars of the Constitution on all around, Laurence Tribe, spoke out against attempts by Congress to change copyright law by SOPA. Some have complained they are not going into details. However, now sent a letter detailing the problems in the bill (pdf) and why it violates the First Amendment. There are many, many reasons, with many details and appointments, but this is just one example:

The notification procedure and the completion of Section 103 (a) conflicts with the "prior restraint" doctrine, as delegates to a private party to remove discourse without notice and a hearing. This provision of the bill would give the parties the power to stop complaining advertisers and online credit card processors to do business with a website, simply by presenting a unilateral notice accusing the site to be " dedicated property theft in the United States "- Although no court has actually found no violations. The provisions on immunity in the bill creates an incentive for large advertisers and payment processors to comply with the request upon receipt. The Supreme Court has made clear that "only a court decision in an adversarial procedure ensures the necessary sensitivity to freedom of expression [and] only a procedure requiring a court order is sufficient to impose a permanent restriction valid . " Freedman v. Maryland, 380 U.S. 51, 58 (1965). "[P] previous restrictions on speech and publication are the most serious offense and therefore tolerable human rights of the First Amendment." Nebraska Press Association. V. Stuart, 427 U.S. 539, 559 (1976 ).

tribe also highlights the shortcomings of his "friend" of the analysis of Floyd Abrams First Amendment issues here:

however, of opinion with Mr. Abrams on this issue. I think their menu offers an excellent explanation of why the current legislation, including the Digital Millennium Copyright Act, is generally consistent with the First Amendment, but I do not think the letter adequately analyzing significantly or even face to enact radical changes SOUP. In fact, Mr. Abrams finally acknowledges that the resources of the soup can lead to "obstruction or non-infringement of protected content." (Letter of November 7, 2011 by Floyd Abrams Smith Hon. Lamar, at 12 (emphasis added).) Recognizes that the seizure by the copyright must be exercised "with due respect to considerations of the First Amendment" (p . 4) and that "[t] he Internet is one of the best tools of freedom in the history of the world. "(P. 2) acknowledges that" [a] s a fundamental principle of jurisprudence the First Amendment that government restrictions on speech must be narrowly tailored to avoid unnecessary burdens on protected speech. "(P. 10) .

These prices are at the heart of constitutional defects apparent on the face of the soup. Despite the problems of online copyright and trademark infringement are authentic, SOPA is an extreme measure that is not narrowly tailored to the interests of the government. This is a blunderbuss, rather than a limited response to the right, and severe penalties significantly endanger legitimate sites and services. His faults are constitutional marginal beings that could easily be adjusted in the process of implementation and application in specific cases. On the contrary, their existence dramatically relax protected speech by undermining the openness and free exchange of information in central the Internet. It must be approved by Congress.

Later, when immersed in more detail, Abrams explains why the analysis completely misses the mark:



Mr. Abrams said, "[t] he more detailed treatment of the Supreme Court of the interaction between the First Amendment and copyright law, if seminal Harper & Row Publishers, Inc. v. Nation enters., 471 539 United States (1985). "(P. 3).. However, Harper & Row case involved traditional permanent principle of copyright - the" fair use "doctrine - not a radical break with the familiar contours of copyright and the provisions of soup. Harper & Row did not suffer any kind of revolutionary rhetoric and the removal of the law would be constitutional, it was still wrapped in the cloak of copyright. In fact, in a case before the Court Supreme clear that copyright laws are not "categorically immune" from under the First Amendment, and explained that the purpose of Harper & Row applies only "when ... Congress has not altered the traditional contours of copyright protection. "Eldred v. Ashcroft, 537 U.S. 186, 221 (2003). Everything else can be said of the soup, no doubt," alter "of these curves.
This SOUP purpose is the protection of intellectual property rights does not change the calculation of the Constitution. benign reasons not protect the legislative review of the First Amendment, or "[i] for Llica legislative ... The sine qua non of a violation of the First Amendment. " Minneapolis Star Tribune Co. v. Minnesota Comm'r of Revenue, 460 U.S. 575, 592 (1983). The Supreme Court has "long recognized that the regulations, even directed to proper governmental concerns can restrict unduly the exercise of rights protected by the First Amendment." Id at 592, see also Simon & Schuster, Inc. v. Members of Compensation for Victims of State Bd NY, USA 502 105, 117 (1991) (the bottom of the law, despite the absence of evidence that "the legislature intends to suppress certain ideas"). , Authors of the Arkansas Project, Inc. v. Ragland, 481 U.S. 221, 228 (1987) (speaker must provide "no evidence of improper motive of censorship" to cancel the law).
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