Breyer, Alito dissent in Golan v. Holder

Breyer's dissent in Golan v. Holder concludes:

The fact that, by withdrawing material from the public domain, the statute inhibits an important preexisting flow of information is sufficient, when combined with the other features of the statute that I have discussed, to convince me that the Copyright Clause, interpreted in the light of the First Amendment, does not authorize Congress to enact this statute.

Note Breyer also dissented in Eldred.