[joliv]

First, the Court sees Sci-Hub as essentially hosting the copyrighted materials. From the order in ACS v. Does:

> ...Sci-Hub has copied elements—and, in many cases, the entirety of—those works, and that Sci-Hub has distributed those works by allowing individuals to download the works from its website, all in violation of the Copyright Act.

But to entertain your argument of First Amendment protections, linking to infringing documents is pretty clearly incitement of imminent lawless action as established in Brandenburg.