By way of background, this is the "settlement" that the University of North Carolina system entered into with the Sons of Confederate Veterans.
Also, if they were consulting with sitting judges and not just retired ones, there are issues there, what with their intent being to find a way to sue and all.
Judge Pierre Leval, who has had an exceptional amount of influence on the development of fair use...
"By registering a copyright, public figures who are the expected focus of public interest could use this supposed commercial protection as an aggressive weapon to prevent the publication of embarrassing revelations and to obstruct criticism.
New Era Pubs v Henry Holt, 695 F. Supp 1493, 1502 (SDNY 1988).
See Bond v Blum, 317 F3d 385 (4th Cir 2003)