You're putting much more emphasis on the 1A link to Fair Use than it actually has.
1A is not the entirety of the basis for Fair Use, it is much more expansive than the 1A justification alone, which relates primarily to transformation for critical purposes, because that would constitute the government creating a law that limits critical speech.
Most* everything else is non-1A, and can be much more easily changed by legislative means.
1A is not the entirety of the basis for Fair Use, it is much more expansive than the 1A justification alone, which relates primarily to transformation for critical purposes, because that would constitute the government creating a law that limits critical speech.
Most* everything else is non-1A, and can be much more easily changed by legislative means.