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I think the reality is that copyright law has for a very long time been a tiny little part of American jurisprudence, far removed from traditional First Amendment jurisprudence, and that made sense before the Internet. Now there is an unavoidable link between First Amendment interests and the scope of copyright law. The legal system is recognizing for the first time the extraordinary expanse of copyright regulation and its regulation of ordinary free-speech activities.
If the Government is going to intrude upon the sacred ground of the First Amendment and tell its citizens that their exercise of protected speech could land them in jail, the law imposing such a penalty must clearly define the prohibited speech not only for the potential offender but also for the potential enforcer.
When I speak to students, I tell them why we have a First Amendment. I tell them about the Committees of Correspondence. I tell them how in a secret meeting of the Raleigh Tavern in Virginia, Thomas Jefferson and Patrick Henry, who did not agree with each other, started a Committee of Correspondence.