What are you basing this statement on? Copyrights and patents are enumerated powers in the Constitution: https://en.wikipedia.org/wiki/Copyright_Clause
in this respect I believe that the copyright clause and 1st amendment are contradictory
Copyright law is not intended to be abused as it is on YouTube and other social media, where people get videos taken down because they had an image from within a game. That's just stupid copyright trolling and would not stand up in court.