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In some instances, copyright law is seen to be in opposition to freedom of speech: you can say whatever you want, but you can't say what he just said, because he owns it.

The fair use clause of copyright law goes some way toward easing the tension, but uneven application of fair use has led to an environment in which a use is assumed to be infringing unless the user can prove otherwise: essentially you're guilty until proven innocent. As stated in the Techdirt article linked below,

"...if we really believe in the First Amendment and that fair use is supposed to protect it from over aggressive use of copyright law to censor, then fair use should be assumed, and the legal burden for proving that a use is not fair should fall on the copyright holder."

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