I’m reading Rebecca Tushnet’s recent article in the Yale Law Journal, Steal This Article. She notes the First Amendment expressive quality of the creation of a mix CD, and drops this wonderful footnote:
39. See infra Subsection III.B.1; see also Robert Lopez & Jeff Marx, Mix Tape, on Avenue Q: Original Broadway Cast Recording (RCA Victor Records 2003) (“Sometimes when someone / Has a crush on you / They’ll make you a mix tape / To give you a clue.”); Semisonic, Singing in My Sleep, on Feeling Strangely Fine (MCA 1998) (“Got your tape and it changed my mind / Heard your voice in between the lines / . . . / Now I’m falling in love too fast / With you or the songs you chose / . . . / I’ve been living in your cassette / It’s the modern equivalent / Singing up to a Capulet / On a balcony in your mind.”).
Perhaps this will finally convince the Blue Book editors to include the signal “hear”, which Jim Chen has been using for years for citations to auditory authorities. See, e.g., Jim Chen, Rational Basis Revue, 17 Const. Comm. 447 (2001).
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