In Cohen v. California, the "Fuck the Draft" case,* it's suggested that there's really no equivalent alternative for the political message other than the phrase "fuck the draft." This lack of alternatives drives, in part, the court's scrutiny on the obscenity laws at play.
I wish that line of analysis was extended more liberally into other areas of 1st amendment law, the "is there another equivalent way to deliver this political message?" test.
It could be used as the foundation for a new plank of fair use, and in this case, a claim that there's no other way to fully illustrate what is lost by expansive copyright restrictions on politically relevant media without showing the most powerful clips burdened by these protections.
I wish that line of analysis was extended more liberally into other areas of 1st amendment law, the "is there another equivalent way to deliver this political message?" test.
It could be used as the foundation for a new plank of fair use, and in this case, a claim that there's no other way to fully illustrate what is lost by expansive copyright restrictions on politically relevant media without showing the most powerful clips burdened by these protections.
* http://en.wikipedia.org/wiki/Cohen_v._California