Strict liability for copyright infringement vs. 1st Amendment

    In a piece I'm writing (which relates to this point only tangentially), I assert that no court has considered the tension between strict liability for copyright infringement and the general First Amendment hostility to strict liability for speech. See Smith v. California; Manual Enterprises v. Day; New York Times v. Sullivan.  

    The only thing even remotely on point that I found was De Acosta v. Brown, 146 F. 2d 408, 412 (2d Cir. 1944) (Hand, J., dissenting) (arguing against strict liability because it "is likely to prove an appreciable and very undesirable burden upon the freedom of the press.").

    It being hard to prove a negative, I thought I'd at least run it by y'all. Does anyone know of any case I've missed?

• Eugene Volokh, UCLA Law <volokh[_at_]law.ucla.edu>