If the remainder of the fair use analysis included an express
balance and consideration of First Amendment interests, of course,
the difficulties presented by the first factor might be of little ultimate
consequence. After all, none of the factors are dispositive, and all are
to be considered. The problem is that while the remaining factors may
coordinate well with within copyright, i.e., accommodating seconduser
creativity without overly damaging first-user reward, the
remaining factors do not contain any First Amendment sensitivity that
can salvage the damage done under the express language of the first
factor