Copyright Fair Use: Can I Use a Politician’s Headshot in a Political Blog? I’ve talked about copyright fair use often on this blog, but I haven’t had many opportunities to talk about it in the context of political speech. Generally speaking, political speech is afforded the highest level of protection under the First Amendment. Accordingly, when a fair use defense is asserted in a copyright infringement case, the political nature of the alleged infringer’s publication will be taken into account. So what does this mean for political blogs when it comes to politicians’ headshots?