John McCain Responds to Jackson Browne

John McCain might have been trounced by Barack Obama, but the Arizona senator will not go gently into the night when it comes to Jackson Browne. McCain's lawyers have set aside their electoral law books, turning instead to matters of creative freedom, fair use, and "acknowledged cliches". It's a forceful response to a lawsuit filed by Jackson Browne in August, alleging that the Republicans made illegal use of his 1977 hit, Running On Empty, as part of their campaign. If McCain's "public speech as public interest" argument is successful, other bands angry at the GOP for using their songs will have no claim. They include...Van Halen...Foo Fighters and Heart.

Scott Drake talks with McCain's attorney Lincoln Bandlow.