Neil Gaiman has a long, and cogent discussion in his blog today about the Christopher Handley case.

I generally agree with what Gaiman has written. I think popular speech doesn't need defending. It's the edgy, unpopular, icky stuff that needs defending because that's what people will attack. And although Copyfight is not a free speech blog I do passionately believe that much great art is created out on those icky unpopular edges and if we do not defend the rights of people to be patrons of that art then we strip away a lot of what is of value in protecting the intellectual property of creative expression.