Does an Anti-Piracy Plan Quash the First Amendment?
The fair use doctrine under copyright law permits uncompensated use of copyrighted works in some circumstances, such as in teaching, research and news gathering. Thanks to fair use, a reporter can quote portions of a newsworthy letter in an article and a scholar can use parts of a poem in a dissertation.

But there's a related question that has never been settled by the courts: Does fair use, which has its roots in the First Amendment, entitle the scholar, reporter or others to gain access to the copyrighted work in the first place -- -- especially when the material is guarded by a technological device designed to prevent digital piracy?
http://www.nytimes.com/2001/04/27/technology/27CYBERLAW.html?pagewanted=all