美国宪法第一修正案保护言论自由权,而对该客体范围的具体界定是由判例法作出的,包括“言论”和行为。互联网空间中新的言论和行为规则同传统言论自由权所受到的限制有所不同,并对在线版权市场产生广泛的影响。法院保护在线版权市场有三个原则:为促进社会整体利益,诉由或抗辩的正当性可以与判决结论分离;保护对版权人具有经济利益的版权产品; The First Amendment to the U.S. Constitution protects the right to freedom of expression, while the specific definition of the scope of the object is made by case law, including “speech” and conduct. The new rules of speech and behavior in Internet space are somewhat different from those imposed by traditional freedom of expression and have a widespread effect on the online copyright market. The court protects the online copyright market by three principles: In order to promote the interests of the community as a whole, the justification of the indictment or defense can be separated from the verdict of the verdict; the protection of copyrighted products that have an economic interest in the copyright owner;