In December of 2007, radio talk show host Michael Savage filed suit in federal district court against the Council on American-Islamic Relations, alleging copyright infringement and a violation of federal racketeering laws for using excerpts of Savage's radio program to criticize him and the content of his show. In response, EFF and the law firm of Davis Wright Tremaine LLP filed a motion for judgment on the pleadings, asking the Court to dismiss the lawsuit because CAIR's conduct was clearly protected by the First Amendment and the fair use doctrine.

Outcome: On July 25, 2008, the Court granted CAIR's motion, agreeing that CAIR's use of Savage's copyrighted radio excerpts was a protected fair use under copyright law and that Savage's RICO claim (that depended on the copyright infringement allegation) was meritless. The Court gave Savage an additional two weeks to amend the RICO claim if he wanted to proceed, but Savage later informed the Court that he would not file an amended complaint.