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Jumpin said:
0%.
The US first amendment specifically refers to freedom of religion, the press, peaceful assembly, and to petition the government without fear. It does not give people the right to infringe on copyrights.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise there of; or abridging the freedom of speech, or of the press; or of the rights of people peaceably to assemble, and to petition the government for a redress of grievances."

I agree that the suit has a low chance of succeeding, but if you accept that some of the US copyright restrictions have gone too far and place an undue burden on people's ability to speak, then the logic holds and there is ground for a court case. The first amendment most certainly covers free speech of the average citizen.