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A videographer spent two decades documenting the salvage of the Queen Anne's Revenge, and when North Carolina put his work online without permission, he sued. //
Ruling unanimously in favor of states' rights on Monday, the U.S. Supreme Court said that a videographer who spent two decades documenting the salvaging of Blackbeard's ship cannot sue the state of North Carolina in federal court for using his videos without his permission. //
Writing for the Court, Justice Elena Kagan pointed to several precedents over the past 26 years in which the justices have barred such lawsuits. True, she said, Congress had explicitly and clearly enacted legislation allowing such federal lawsuits. But that legislation was enacted before the Supreme Court had begun reading the 11th Amendment to bar such suits.
Mainly, though, the court's opinion was couched in terms of deference to precedent--namely in this case, the precedents of the last 26 years. "To reverse a decision, we demand a special justification over and above the belief that the precedent was wrongly decided," Kagan wrote. "And Allen offers us nothing special at all." //
Although the decision was unanimous, there were two concurring opinions. Justice Clarence Thomas refused to join those sections dealing with deference to precedent. And Justice Stephen Breyer, joined by Ruth Bader Ginburg, joined "in the judgment." //
Breyer had a little fun at Kagan's expense, declaring that in his view, under the Constitution Congress may, as it did in this case, require states that "have pirated intellectual property...to pay for what they have plundered. "