Well, in some respects your right. But in fairness the people who should be fixing that aren't the courts but the congress and senate. If you want it in the constitution to clarify what is and isn't protected, do an amendment and make it clear. The challenge is that some people don't want that kind of clarity (or at least unless the 'clarity' leans in their favour) so it's not being addressed that way. But it really should.As best I can tell, this whole ruling was not designed to define something important, but to create work for another generation of lawyers.