Exactly. The OP argument is too cute by half. Basically the 1st Amendment protects "the freedom of speech", not all speech. Courts have routinely ruled that the

Exactly. The OP argument is too cute by half. Basically the 1st Amendment protects "the freedom of speech", not all speech. Courts have routinely ruled that the freedom of speech doesn't extend to libelous material, and I'm pretty sure they would conclude likewise about copyrighted material.