Free speech - Out of luck?

A challenge to US legislation restoring to copyright protection foreign works previously in the public domain, was rejected by the Appeal Court of the District of Columbia in Luck's Music Library v Gonzalez yesterday, 24 May 2005.

One of the interesting arguments for us was whether the legislation was in breach of First Amendment rights to free speech and whether, as it changed the contours of copyright protection, the First Amendment could be relevant (the general position being that copyright is at least supposed to protect First Amendment interests already).

Unfortunately, after meeting a resounding "no" in the District Court last year (the legislation didn't encroach on traditional copyright protection, so no need to look at First Amendment), the question isn't considered on appeal. BUT an appeal is planned on a similar issue in Golan v Gonzalez, so who knows...