There are ballots that the machine cannot read but from which voter intent can be discerned by manual review.

Absolutely your honor. In Sony, the court found that sports programming was a significant non-infringing use and that was 7.3 percent of all of the uses of the Betamax. They talked about the significance of one movie that was uncopyrighted,'My Man Godfrey.' They talked about one television show, 'Mister Rogers,' and that was significant.

I'm asking you about January of 1996.

The court heard Judge (Charles) Burton (of the Palm Beach County canvassing board), called by the defendants, testify that they had been able to identify the clear intent of the voters such to add a net 215 votes to Vice President Gore.

Fortunately, given the opinion that we got today, that vote count is now going forward in Dade County and Palm Beach County, and other counties. So, we are very hopeful that now this is back on track, the lawyers can go home, the voters can have their votes counted and it can be solved in the political process -- where it ought to be solved -- and not in the courts.

I hope the secretary of state does the right thing. This is too late in the game for lawyers, too late in the game for partisan politics. The voters have spoken, and the votes ought to be counted.

What is being done here on the basis of what we think is a very over-broad prior restraint is to forbid, in a way that no appellate court has ever upheld before, a distribution of intellectual information, intellectual knowledge, owned by the person who is distributing it.

[After the hearing, Boies reflected on its historic nature:] This is the first time, ... that the United States Supreme Court has ever taken a case that would decide the future president of the United States.