This point is rarely made, but it has far-reaching implications, and it was a key theme of our brief. When Congress decides to extend the term of existing copyrights, it is making a choice about which speakers it will favor. Not only would upholding the CTEA mean that there was no limit to the power of Congress to extend copyrights and further concentrate the market; it would also mean that there was no effective limit to Congress's power to play favorites, through copyright, with who has the right to speak.
He looks back not with regret, but with an almost unbearable responsibility. A very poignant article from an obviously passionate man.
Link (via kottke.org)