[pie_flavor]

The DMCA takedown system is an exemption to copyright law; violate it, and you lose its safe harbor and go back under ordinary copyright law. Copyright law does not violate the First Amendment because the Constitution specifically allows for it:

> To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries

and the First Amendment does not override it; it is specifically worded "Congress shall make no law".

[hgsgm]

The Copyright Clause is also specifically worded. " The Congress shall have Power To..."

The first Amendment absolutely overrides it. That's what an "Amendment" is.

Reproducing a copyrighted work beyond Fair Use is not "speech".