The legal action brought by author J. D. Salinger against Random House Publishers to prevent certain letters--now the property of various university libraries--from being published in a biography illustrates how the long-standing accommodation between the Copyright Act and the First Amendment can occasionally break down. Although the biographer mostly paraphrased passages of the letters, Salinger has since copyrighted the letters and the court has issued an injunction against their use. In such a case, a problem exists between the writer's right to disseminate information useful to the public and the original "owner" of the information to profit from later publication of the information. Several possibilities for resolving this problem exist. Use of the idea/expression dichotomy or the fair use defense is inadequate because it is difficult to draw the line between idea and expression, and sometimes use of the original expression is necessary; and the fair use analysis inadequately protects free speech interests. A more reasonable approach consists of a limited First Amendment defense for copyright actions and damages determined by the court commensurate with copyright interests. Because it can be tailored to specific case situations it can accommodate the need for more protection for First Amendment values without excessively damaging the copyright interests at stake. (JC)