More on the Copyright Challenge

[Mark Graber]

I am inclined to side with Ric on the peyote law, though for a
slightly different reason.  The crucial principle is less general
law, per se, or whether religion is more or less important than other
excepted conduct.  Rather, the crucial question is the principle
underlying the exception.  If the only exception to a ban on peyote
is medical research, then it seems hard to argue that religious use
is sufficiently analogous to warrant an exception.  If, however, an
exception exists for private recreational use, then religious use
(which under my idiocyncratic view is a form of privacy) is clearly
covered by the principle which generates the exception.

Mark A. Graber